2025 (11) TMI 978

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....UGUSTINE GEORGE MASIH For the Petitioner(s) Ms. Nisha Bagchi, Sr. Adv., Mr. Udai Khanna, Adv., Mr. Madhav Singhal, Adv., Ms. Gargi Khanna, Adv., Mr. Raj Bahadur Yadav, AOR. For the Respondent(s): None. ORDER PER 1. Delay condoned. 2. We express our inability to agree with the observations made by the three-Judge Bench of this Court in Union of India vs. M/s Ganpati Dealcom Pvt. Ltd.....

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....Presiding Judge. This was on the basis of the Explanation to Rule 1 of Order XLVII of Code of Civil Procedure, 1908 (for short, "Code"). For ease of reference, the said Provision is extracted as under: "1. Application for review of judgment.- (1) Any person considering himself aggrieved- (a) by a decree or Order from which an appeal is allowed, but from which no appeal has been p....

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....peal by some other party except where the ground of such appeal is common to the applicant and the appellant, or when, being respondent, he can present to the Appellate Court the case on which he applies for the review. Explanation.- The fact that the decision on a question of law on which the judgment of the Court is based has been reversed or modified by the subsequent decision of a sup....