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2022 Supreme(All) 910

VIVEK KUMAR BIRLA, AJAY BHANOT
Vinod Kumar – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Babu Ram Yadav, Salil Krishna

JUDGMENT :

Re: Civil Misc. Review Application No.2 of 2019

1. Heard Sri Babu Ram Yadav, learned counsel for the applicant at length.

2. Present review application has been filed seeking review of the order dated 18.10.2019 whereby special appeal filed against the reasoned judgment of Writ Court dated 18.09.2019 was dismissed on merits.

3. Before proceeding further it would be appropriate to take note of Order XLVII, Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as the CPC) as well as scope of review as per settled law.

4. For ready reference Order XLVII, Rule 1 CPC is quoted as under:-

    “1. Application for review of judgment.-(1) Any person considering himself aggrieved-

(a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred,

(b) by a decree or order from which no appeal is allowed, or

(c) by a decision on a reference from a Court of Small Causes, and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on the

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