submitted that the order of the High Court is clearly erroneous
completely overlooking the scope and ambit of Order XLVII
Rule 1 CPC . The parameters ... contained in written argument.
Order XLVII Rule 1 reads as follows:
"REVIEW :
1. APPLICATION FOR REVIEW OF
JUDGMENT.
(1) Any person considering himself aggrieved
Order XLVII Rule 1 CPC :
20
“1. Application for review of judgment- Any
person considering himself aggrieved-
(a) by a decree or order from which ... Parison Devi Vs. Sumitri Devi5 , where,
this Court ruled that under Order XLVII Rule 1 CPC ,
a judgment may be open to review inter alia
Rule 1 of the Supreme Court Rules, 2013 (for
short, “S.C. Rules - 2013”) and Order XLVII Rule 1 of the Code of Civil
Procedure ... Order XLVII Rule 1 CPC -
1. Application for review of judgment. —
(1) Any person considering himself aggrieved
—
(a) by a decree or order from which
proceeding further it would be appropriate to take note of Order XLVII Rule 1 of the Code of Civil Procedure , 1908 (hereinafter referred ... decision. However, an order can be reviewed by the Court only on the grounds prescribed in Order XLVII Rule 1 Code of Civil Procedure
must be read subject to Order XLVII, Rule 7, that every contravention of Order XLVII, Rule 1, cannot furnish a ground of attack ... Rule 7 of Order XLVII and no other, that the contravention of Rule 4 of Order XLVII referred to in Rule 7 (1
Rule 1 of Order XLVII. Rule 5 of Order XLVII
permits an exception and dilutes the mandatory
provision of Rule 1 in cases where ... provisions of
Order XLVII of the CPC can always be modified.
Page 45 of 111
Appeal No178.16 GROUP
Order XLVII Rule
made the order, and the Court may make such order thereon as it thinks fit.
21. Order XLVII, Rule 1 of the Code of Civil ... such judgments, decrees or orders remains intact.
On the other hand, Section 114 read with order XLVII Rule 1 of the Code of Civil Procedure
petition is lost thereafter as
provided by sub-Rule (1) of Rule 1 of Order
XLVII CPC ".
The respondents further contended that appeal before ... restriction placed by Clause (a) of Sub-Rule (1) of Rule
1 of Order XLVII which reads as under:
"1. Application for review
order dated 21st January, 2020
passed in Writ Petition No.25502/2018 in view of the provisions of
Order XLVII Rule 1 of the Code ... power
of review under Order 47 Rule 1 CPC . In
exercise of the jurisdiction under Order
47 Rule 1 CPC it is not permissible
decree or made the order,
and the Court may make such order thereon as it thinks fit.”
Order XLVII Rule 1 ... over its judgment/decision.”
An Order can be reviewed only on the prescribed grounds mentioned in
Order XLVII Rule 1 of the CPC 1908
Shri
