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july 2009

Supreme Court of India · 2009-07-21

INDERCHAND JAIN (D) TH.LRS. vs MOTILAL (D) TH.LRS.

Citation / case number
SC 2006/30271
Court
Supreme Court of India
Petitioner
INDERCHAND JAIN (D) TH.LRS.
Respondent
MOTILAL (D) TH.LRS.
Author
S.B. SINHA

Judgment text excerpt

The Supreme Court addressed the jurisdiction of the High Court to review its own decisions under Order XLVII Rule 1 of the Code of Civil Procedure. It held that the High Court exceeded its review jurisdiction by effectively acting as an appellate court and re-evaluating evidence, which is not permissible under Section 20 of the Specific Relief Act, 1963. The Court set aside the High Court's order allowing the review petitions and reinstated the earlier judgment, emphasizing that a finding of fact regarding the plaintiff's readiness to perform the contract was already established.

INDERCHAND JAIN (D) TH.LRS. vs MOTILAL (D) TH.LRS. · Niyam