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    <title>2006 (3) TMI 686 - Supreme Court</title>
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    <description>Review jurisdiction under Section 114 and Order XLVII Rule 1 CPC is limited to discovery of new matter, mistake, or an error apparent on the face of the record; it cannot be used to rehear the case or correct a decision on merits. The High Court exceeded that scope by reopening its earlier judgment on grounds requiring further reasoning. The supposed bar under Order II Rule 2 CPC also did not justify review, because that issue was not germane to the cancellation suit and the earlier plaint had reserved the right to sue for specific performance. The review order was therefore unsustainable, and the earlier decree stood revived.</description>
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    <pubDate>Tue, 21 Mar 2006 00:00:00 +0530</pubDate>
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      <title>2006 (3) TMI 686 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=126826</link>
      <description>Review jurisdiction under Section 114 and Order XLVII Rule 1 CPC is limited to discovery of new matter, mistake, or an error apparent on the face of the record; it cannot be used to rehear the case or correct a decision on merits. The High Court exceeded that scope by reopening its earlier judgment on grounds requiring further reasoning. The supposed bar under Order II Rule 2 CPC also did not justify review, because that issue was not germane to the cancellation suit and the earlier plaint had reserved the right to sue for specific performance. The review order was therefore unsustainable, and the earlier decree stood revived.</description>
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      <pubDate>Tue, 21 Mar 2006 00:00:00 +0530</pubDate>
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