AI Overview...
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Section 114 CPC - Power of Court to Review Orders:
The section grants courts the discretion to make such orders as they deem fit upon review but does not specify the scope or limits of this power. It emphasizes the court’s broad authority without detailing procedures or grounds for interference MOHAMMAD AKBAR ABDUL KHASIM SHAIKH vs KRISHNA SHANKAR MIRJNKAR - Karnataka. -
Order 47 Rule 1 CPC - Review of Judgments and Orders:
Review petitions must meet specific criteria; mere allegations or new evidence are insufficient unless they reveal errors apparent on record or involve fraud. Courts have dismissed review applications where these conditions were not satisfied, emphasizing the need for clear grounds Guruttur Girha Nirman Sahakari Samiti Maryadit Gwalior Through Its President Dheerendra Singh Bhador vs The State Of Madhya Pradesh - Madhya Pradesh, NIRMAL SINGH Vs SATPAL KANWAR AND ORS. - Punjab and Haryana. -
Application in Land and Property Cases:
Courts have applied Section 114 and Order 47 Rule 1 in land disputes, including suits regarding land ownership, alienations, and interim orders. Orders related to property transfer, modification of interim relief, or cancellation of GPA are subject to review if errors are apparent or if there is fraud, but courts are cautious and require strict proof JAYASHREE JAYANTH vs N KRISHNASWAMY - Karnataka, SH INDERJEET SINGH BINDRA vs SMT RAMESH KUMARI & ORS. - Delhi, Mirthubasini VS Easwaramurthy - Madras. -
Main Point on Suit Land in Name of Party and Not Made a Party:
When a suit involves land in a person’s name who was not made a party, courts examine whether the order or judgment is susceptible to review under Section 114 CPC and Order 47 Rule 1. Typically, unless there is a clear error or fraud, such orders are upheld, and review is not readily granted solely on the ground of procedural oversight regarding party inclusion. -
Conclusion:
The provisions of Section 114 CPC read with Order 47 Rule 1 CPC provide courts with a limited but significant power to review orders, especially to correct errors apparent on record or prevent miscarriage of justice due to fraud or procedural lapses. In cases where land is involved but the owner was not made a party, courts tend to scrutinize whether the order can be rectified under these provisions, often requiring concrete proof of error or fraud before granting review.
Search Results for "Section 114 Read with Order 47 Cpc Not Made a Party when Suit Land was in his Name"
2025 Supreme(Online)(KAR) 3513 • India - IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
E.S.INDIRESH, J
11) ... ... (C) Doctrine of Merger - The court highlighted that once a higher court affirms a decision, the lower court's order ... In order to appreciate the scope of a review, Section 114 CPC has to be read, but this section does not even adumbrate the ambit of interference expected of the court since it merely states that it ‘may make such order thereon as it thinks fit’. ... The provisions extracted above indicate that the pow....
2024 Supreme(Online)(MP) 38670 • India - High Court of Madhya Pradesh
MILIND RAMESH PHADKE, J
(A) Code of Civil Procedure, 1908 - Order 47 Rule 1 - Review of judgment - Review petition against order allowing writ petition, ... ... ... Ratio Decidendi: The court ruled that the review petition did not meet the criteria for review under Order 47 Rule 1, as ... 04.08.1969 not mentioned in the original order, but deemed irrelevant as rights had already been divested - Fraud allegation not ... read#HL....
• India - Principal Seat at Guwahati
ROBIN PHUKAN, J
suit was barred under Section 34. ... (A) Code of Civil Procedure - Order XLVII Rule 1 - SARFAESI Act - Section 34 - Review application dismissed for lack of merit, as ... ... ... Findings of Court: ... The court affirmed the earlier ruling that the suit was not maintainable, emphasizing the need for ... We may now notice some of the judicial precedents in which Section 114 read with Order #HL_....
2015 0 Supreme(AP) 397 • India - Andhra Pradesh
M.S.RAMACHANDRA RAO
kept in mind the provisions of Order 23 Rule 1(1) C.P.C. ... Andhra Pradesh Court Fees and Suits Valuation Act, 1956- Section 12 -They filed the suit against respondents ... (entitling the plaintiff to abandon any portion of his claim at any time) as well as Section 12 of the Act, (entitling him to relinquish ... No. 28 of 2008 under Order 47 Rule 1 CPC read with Section 114 CPC ....
2025 Supreme(Online)(P&H) 4822 • India - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Vikas Suri, J
20, 21) ... ... (B) Procedural Specifics - Judicial Correction - The correction of the judgment must not ... multiple sale deeds were fraudulent, leading to a dismissal of a review application that aimed to correct two significant issues not ... 3.4 On 19.12.2024, defendant Nos.1 to 4 filed a review application under Order 47 Rule 1 CPC read with Sections 114, 151 and 152 CPC seeking rectification on non-decision of the above-not....
2018 0 Supreme(AP) 139 • India - Andhra Pradesh
B.SIVA SANKARA RAO
Code of Civil Procedure, 1908 - Order 21 Rules 34 and Section 64 - Second Appeal - Second Appeal is arisen ... 56 C.P.C., speaks a female is not liable for arrest for any recovery of a money decree - Appeal allowed. ... not be oblivious of any unmerited hardship to be suffered by any party as held by the Apex Court in City Bank N.A, it is just to ... The conclusion arrived in the expression of the Single Bench of this Court in Adinarayana (supra) from the above in say....
2022 Supreme(Online)(Bom) 2243 • India - High Court of Bombay
MILIND N. JADHAV, J
) ... ... Facts of the case: ... The petitioners sought to challenge orders passed by the trial court regarding two suits over land ... The arguments of the petitioners did not demonstrate a sufficient ground for review. ... of Section 114 read with Order 47 of the CPC. ... The learned Trial court perused the pleadings and proceedings in both the suits and vide order dated 29.08.2019 held that the original owner of the #HL_START....
2025 Supreme(Online)(Del) 7392 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR, JJ
institution not permissible. ... under cancellation of GPA is governed by Article 59, providing a limitation of three years; hence, amendment after seven years post-suit ... an appeal, allowing re-argument of case; this confines the review to errors apparent on the face of the record or new evidence not ... Section 114 and Order 47, Rule 1 of CPC deal with the power of review of the courts. ... In order to appreciate the scope of a ....
2023 Supreme(Online)(KAR) 21451 • India - HIGH COURT OF KARNATAKA
S SUNIL DUTT YADAV, SURAJ GOVINDARAJ, JJ
the order and that any alienation made would be subject to the result of the appeal and Section 52 of the T.P. ... (A) Transfer of Property Act - Section 52 - Review of interim order - The petitioner sought to review the order dated 09.10.2019 ... which modified the interim order regarding alienation of properties pending appeal - The court held that modification includes vacating ... From the bare reading of Section 114 ....
2011 0 Supreme(Mad) 3535 • India - Madras
S.RAJESWARAN
E.A.No.114 of 2005 - Property Dispute - Order 21 Rule 58, Section 47 CPC - 58 - Adjudication of claims to, or objections to attachment ... of property - The court held that the claim petition filed under Order 21 Rule 58 and Section 47 CPC is not maintainable as the ... with Section 47 CPC, stating that she obtained possession of the property through a validly p....
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