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february 2008

Supreme Court of India · 2008-02-13

C. RADHAKRISHNA(DEAD) BY LRS. vs NARAYANA RAJU (D) BY LRS.

Citation / case number
SC 2001/7988
Court
Supreme Court of India
Petitioner
C. RADHAKRISHNA(DEAD) BY LRS.
Respondent
NARAYANA RAJU (D) BY LRS.
Bench
H.K. SEMA & MARKANDEY KATJU

Judgment text excerpt

The Supreme Court held that the power of review under Order LXVII Rule 1 is limited to cases of new evidence or apparent errors, and cannot be used to re-evaluate findings of fact as if in an appellate capacity. The Court found that the High Court had improperly reversed its earlier findings regarding possession of land in a review application, which constituted a grave miscarriage of justice. Consequently, the Supreme Court allowed the appeals and set aside the High Court's order.

C. RADHAKRISHNA(DEAD) BY LRS. vs NARAYANA RAJU (D) BY LRS. · Niyam