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    <title>2019 (7) TMI 1024 - DELHI HIGH COURT</title>
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    <description>An application styled as a recall petition but seeking reconsideration on the merits was treated as a review petition. An order dismissing such review was held not appealable under the combined operation of Order 47 Rule 7 and Order 43 Rule 1(w) of the Code of Civil Procedure, 1908. Because the challenge was confined to the dismissal of the review application and the original amalgamation order had not been timely assailed, the appellant could not convert the proceeding into an appeal against that original order at a belated stage. The plea of fraud did not change the character of the proceedings or create appellate maintainability where an alternative remedy had been available.</description>
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      <link>https://www.taxtmi.com/caselaws?id=383328</link>
      <description>An application styled as a recall petition but seeking reconsideration on the merits was treated as a review petition. An order dismissing such review was held not appealable under the combined operation of Order 47 Rule 7 and Order 43 Rule 1(w) of the Code of Civil Procedure, 1908. Because the challenge was confined to the dismissal of the review application and the original amalgamation order had not been timely assailed, the appellant could not convert the proceeding into an appeal against that original order at a belated stage. The plea of fraud did not change the character of the proceedings or create appellate maintainability where an alternative remedy had been available.</description>
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