Review of sc order

Querist : Anonymous (Querist) 15 September 2011 This query is : Resolved
on what grounds the review petition can be filed in apex court against a grant of specific performance of contact by the SC.
thanks.

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ajay sethi (Expert) 15 September 2011
review petition can be filed an application for Review is entertained only on a ground mentioned in Order XLVII, Rule 1 of the CPC. The said Rule contemplates the following grounds for Review of an order –

(i) The discovery of a new and important matter or evidence which, after the exercise of due diligence, was not within the petitioners’ knowledge or could not be produced by him at the time when the order was made.

(ii) Some mistake or error apparent on the face of the record.

prabhakar singh (Expert) 15 September 2011
As far as the CPC provisions are concerned, Section 114 readwith Order
XLVII CPC deals with the filing of review petitions.

section 114 can be invoked only when an appeal from decree lies but has not been preferred then only a review can lie on grounds stated in order 47.

Although review powers are vested in supreme court under provisions of constitution also.A doubt castes if they could be invoked in a civil regular suit.

So being the case it would be interesting to prob ,if really,review jurisdiction of Apex court can be invoked u/s114 of C.P.C.even if order 47 grounds are there??????????????????????

Raj Kumar Makkad (Expert) 15 September 2011
I do agree with experts.

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