Lawstreet Journal

Review Petition Disallowed By Delhi High Court, Said Cannot Raise New Grounds

Lawstreet Journal 6 Feb 2020 11:32pm

Image courtesy: Lawstreet Journal Judiciary Review Petition Disallowed By Delhi High Court, Said Cannot Raise New Grounds

The Delhi High Court has disallowed a review petition of the judgement: Stg. Conference of Public Enterprise v. Govt. of NCT of Delhi & Ors. passed on the 29th of January, 2020. It was contended that a review petition can be allowed only on the grounds laid out in order XLVII that is read with Section 114of  Civil Procedure Code (CPC), 1908 and not on the grounds which the petitioner chose not to voice during the hearing of the case. 

The grounds of Order XLVII read with Section 114 of CPC are: 

As per the Section 114 of CPC- “Review – Subject as aforesaid, any person considering himself aggrieved-

  • By a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred,
  • By a decree or order from which no appeal is allowed by this Code, or
  • By a decision on a reference from a Court of Small Causes ; may apply for a review of judgment to the Court which passes the decree or made the order, and the Court may make such order thereon as it thinks fit.”

And as per Rule 1 of Order 47 of CPC:

“(1) Any person considering himself aggrieved by a decree or order from which an appeal is allowed, but from no appeal has been preferred,by a decree or order from which no appeal is allowed, or by a decision on a reference from a Court of Small Causes, and who, from the discovery of new and important… Continue Reading...


Tagged: Delhi High Court  
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