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february 2008

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.

C. Radhakrishna (D) By Lrs vs Narayana Raju (D) By Lrs. & Anr · Niyam