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may 1954

Supreme Court of India · 1954-05-21

MORAN MAR BASSELIOS CATHOLICOS AND ANOTHER vs THE MOST REV. MAR POULOSE ATHANASIUS AND OTHERS.

Citation / case number
SC 1952/14
Court
Supreme Court of India
Petitioner
MORAN MAR BASSELIOS CATHOLICOS AND ANOTHER
Respondent
THE MOST REV. MAR POULOSE ATHANASIUS AND OTHERS.
Bench
JAGANNADHADAS

Judgment text excerpt

The Supreme Court held that the Travancore Code of Civil Procedure's review provisions are analogous to Order 47, Rule 1 of the CPC 1908, emphasizing that an application for review must be based on errors apparent on the face of the record. The Court clarified that in ejectment suits, the plaintiff must establish their title independently, not merely exploit the defendant's weaknesses. It ruled that a misconception regarding a concession by a party constitutes a sufficient reason for review, as it affects the determination of critical issues in the case.

MORAN MAR BASSELIOS CATHOLICOS AND ANOTHER vs THE MOST REV. MAR POULOSE ATHANASIUS AND OTHERS. · Niyam