Supreme Court of India · 2008-02-13
C. Radhakrishna (D) By Lrs vs Narayana Raju (D) By Lrs. & Anr
- Court
- Supreme Court of India
- Petitioner
- C. Radhakrishna (D) By Lrs
- Respondent
- Narayana Raju (D) By Lrs. & Anr
- Bench
- H.K. Sema, Markandey Katju
Judgment text excerpt
The Supreme Court held that the power under Order LXVII Rule 1 of the Code of Civil Procedure is limited to cases of new evidence or apparent errors, and cannot be used to re-evaluate evidence as if in an appellate capacity. The Court found that the High Court had improperly allowed a review application that contradicted its earlier findings, thus committing a grave miscarriage of justice. Consequently, the Supreme Court allowed the appeals and set aside the High Court's order.