Order 47 Rule 1 CPC Archives

“Review petition cannot become an appeal in disguise”; Delhi HC reiterates scope of review under Order 47 Rule 1 CPC

Unless there is any error apparent in the face of record or the discovery of new and important matter or evidence, permitting review is impermissible.

Case Briefs High Courts

What is the scope of review under Order 47 Rule 1 CPC? Andhra Pradesh High Court dismisses review in partition dispute over self-acquired property

Andhra Pradesh High Court reiterated that review jurisdiction cannot be exercised as an appeal in disguise and held that property inherited by a son under Section 8 of the Hindu Succession Act, 1956, does not become coparcenary property in the absence of a joint family nucleus.

Case Briefs High Courts

Calcutta High Court recalls earlier finding on jurisdiction after binding Supreme Court judgment escaped consideration

A suit for recovery of possession and mesne profits resulted in a decree dated 09-01-2024, which was declared a nullity by the Division Bench on the ground that it had been decided by a Judge lacking the requisite commercial roster under the Commercial Courts Act, 2015.