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CPC O. 47 R. 1 – – Application for review can be maintained on the strength of discovery of new and important matter or evidence which, after exercise of due diligence, was not within the knowledge of the party or could not be produced by it at the time the judgment or order was passed; or on account of some mistake or error apparent on the face of record; or for any other sufficient reason – A review application is not the means for a party to improve its case by belatedly producing material that was available with it all along.

read HERE PLRONLINE 416387 PLRONLINE 416387

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CPC, 1908 – Easmentary rights – Own stand of the petitioner that she in no manner elucidated that how the parking of a mere trolley was causing hindrance and a cause of concern which affects her easmentary rights – Since the suit has been filed by the plaintiff, the onus lay upon her to establish through evidence her case to the hilt and cannot be allowed to create evidence through appointment of Local Commissioner.

Mr. Aman Dhir, for the petitioner. read here PLRonline 461574, PLRonline 461574

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CPC O. 9 R. 2 – Appeal – Appellants did not deposit the costs imposed by way of an earlier order – Taking a serious view of these lapses, the Appellate Court dismissed the appeal as against respondent Nos.2, 3 and 6, by taking recourse to Order 9 Rule 2 CPC – Application seeking recall of the orders dismissed – Order of the Appellate Court, may prove to be fatal, given the fact that they were amongst the plaintiffs in whose favour the suit was partly decreed – In effect, the entire appeal would stand at risk, even if it is continued as against the other respondents – Further, the explanation set out by the appellants in their application demonstrated that the lapses on their part were not serious enough – Order set aside – Petition allowed.

read HERE PLRONLINE 419387 PLRONLINE 419387

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CPC O. 47 R. 1- Postulates that such ‘new and important matter or evidence’, despite exercise of due diligence by the party, could not be produced at the time of passing of the order – In effect, such ‘new or important matter or evidence’ must have been in existence even at the time of disposal of the case but it could not be produced for bonafide reasons – The said expression would not take within its ambit an order which was passed after the disposal of the case with the sole intention of invalidating the basis of such disposed.

read HERE PLRONLINE 416387 PLRONLINE 416387                                           

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CPC O. 41 R. 31, S. 96 – High Court has neither re- appreciated the entire evidence on record nor has given any specific findings on the issues which were even raised before the learned Trial Court – High Court has failed to exercise the jurisdiction vested in it as a First Appellate Court;

Civil Procedure Code, 1908 (V of 1908) Order XLI Rule 31, S. 96  – First Appeal  -  High Court has not framed the points for determination as required under Order...

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