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Thursday, January 15, 2026

PLRonline.in

Home Tag CPC O. 47 R. 1

Tag: CPC O. 47 R. 1

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.

August 20, 2022

read HERE PLRONLINE 416387 PLRONLINE 416387

CPC O. 1 R. 15, O. 6 R. 17 – Amendment – Nature of suit is sought to be changed by turning it into a suit for declaration and permanent injunction instead of the original suit for permanent injunction only – Dismissal upheld. 2022 PLRonline 8254

CPC O. 47 R. 1 – Board cannot be permitted to contend that such material was not available with it at that time and therefore, it should be allowed to now make good the lapses on its part – The levels of competence of the Board’s officers, as per its rules, would have been available with the Board even then – 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along – Further, even if accepted, this contention is of no avail as the warning issued to the writ petitioner was not withdrawn before initiation of the disciplinary proceedings.

August 18, 2022

read HERE PLRONLINE 416387 PLRONLINE 416387

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.

August 15, 2022

read HERE PLRONLINE 416387 PLRONLINE 416387

CPC O. 9 R. 13 – Lack of knowledge

CPC O. 47 R. 1 – Review is not an appeal in disguise and can be referred to only in the rarest of rare cases

by Punjab Law Reporter

CPC, Order 47 Rule 1 , Section 151 - Court of review has only limited jurisdiction circumscribed by definite limits ...

NIA S. 138 – Before summoning Magistrate is expected to examine the nature of allegations and proceed with proper application of mind – Strict compliance.

CPC O. 47 R. 1 – An error which is not self-evident and has to be detected by a process of reasoning, can hardly be said to be an error apparent on the face of the record

by Punjab Law Reporter

December 30, 2021

CPC O. 47 R. 1 - Under Order 47 Rule 1 CPC a judgment may be open to review inter ...

“Best-evidence rule”

Review – Scope and ambit – Review is not rehearing of the appeal -It has to be shown that there has been a miscarriage of justice

December 9, 2021

Supreme Court Online Scope and ambit of the jurisdiction of Supreme Court Court in hearing review petitions. Article 137 of ...

Constitution of India, Article 136 , 142 – CPC, 1908 (V of 1908) , Order 47 Rule 1 – Doctrine of merger.

October 17, 2021

(i) Where an appeal or revision is provided against an order passed by a court, tribunal or any other authority ...

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© 2021 PLRonline.in - Punjab Law Reporter - Since 1900 SC ejournal.

© 2021 PLRonline.in - Punjab Law Reporter - Since 1900 SC ejournal.