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Showing contexts for: SUBRAMANIAN SWAMY in Jaideep vs The State Of Madhya Pradesh on 20 August, 2019Matching Fragments
The Supreme Court of India in case of Subramanian Swamy v. State of T.N., (2014) 5 SCC 75 : has held as under :
"52. The issue can be examined from another angle. The R.P. Nos. 1002/2018 & 1903/2018 Explanation to Order 47 Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") provides that if the decision on a question of law on which the judgment of the court is based, is reversed or modified by the subsequent decision of a superior court in any other case, it shall not be a ground for the review of such judgment. Thus, even an erroneous decision cannot be a ground for the court to undertake review, as the first and foremost requirement of entertaining a review petition is that the order, review of which is sought, suffers from any error apparent on the face of the order and in absence of any such error, finality attached to the judgment/order cannot be disturbed."