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2023 Supreme(Gau) 1450

DEVASHIS BARUAH
State of Assam – Appellant
Versus
Monsoon Barkakoti D/o Dr. Shantanu Borkakoti – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: D. Nath.

JUDGMENT :

DEVASHIS BARUAH, J.

1. The instant review application has been filed by the review petitioners seeking review of the judgment and order dated 17.02.2023 passed by this Court in WP (C) No. 682/2023.

2. It is well settled that for the purpose of reviewing a judgment and order, the principles laid down in Section 114 of the Code of Civil Procedure, 1908 read with Order XLVII has to be applied into. The principles on which a review can be entertained are:

    (i) There is an error apparent on the face of the record.

(ii) Discovery of new facts which was not within the knowledge of the authorities at the time when the judgment was delivered.

(iii) For any other sufficient cause.

3. As regards the condition Nos. (i) and (ii), the law is well settled and would require no deliberation but as regards the condition No. (iii), it is also well settled that the said conditions for other sufficient causes have to be read in conjunction with the condition Nos. (i) and (ii). This Court further finds it relevant to take note of that the Supreme Court had in its judgment rendered in the case of Beghar Foundation vs. Justice K.S. Puttaswamy, (2021) 3 SCC 1 observed that change in the law or subsequen

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