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Supreme Court of India 2020-11-03 allowed

Ram Sahu (dead) through Lrs & Ors vs Vinod Kumar Rawat & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court examined the validity of a High Court review order that had deleted observations regarding possession from its earlier First Appeal judgment in a property dispute suit. The High Court had dismissed the review application as belated but granted permission to file a separate suit. The respondents subsequently filed such a suit three years later, but admitted the appellants' possession. The Court held the review order was unsustainable, as the High Court lacked sufficient and just reasons to delete the observations. Review jurisdiction cannot be used to undo a judgment merely because a party is aggrieved. The appeal was allowed and the review order quashed."

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Civil Procedure Review of Judgment Suit for Declaration Possession of Property Injunction Appellate Practice

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