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Supreme Court of India 2023-02-24 allowed

S. Murali Sundaram vs Jothibai Kannan & Ors

Bench: 2 — M. R. Shah, C. T. Ravikumar

In Brief

The Supreme Court held that a High Court cannot set aside its own judgment merely on the ground that it is erroneous when exercising review jurisdiction under Order 47 Rule 1 of the Code of Civil Procedure. Review is not an appeal and cannot be used for rehearing or reconsidering evidence already addressed in the original judgment. The Court ruled that the High Court had exceeded its jurisdiction by allowing a review petition that sought to reconsider a survey report and documents already dealt with in the original writ petition. The Court restored the original judgment and remitted related matters for fresh consideration on their merits.", "citations": ["(2023) 4 SCC 316 (CIVIL APPEAL NOS.1167-1170 OF 2023)"]

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