Application for review of judgment | Does an application of Review lie in a case where the judgment is rendered erroneous by virtue of a subsequent judgment of Supreme Court?

Question: Application for review of judgment | Does an application of Review lie in a case where the judgment is rendered erroneous by virtue of a subsequent judgment of Supreme Court? [UPHJS 1995]

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Answer

No, application of review does not lie in such a case – ‘Explanation’ attached to Rule 1 Order 47 (Application for review of judgment).

This question is related to ‘Explanation’ attached to Rule 1 of Order 47 which deals with an application for review of the judgment.

The relevant ‘Explanation’ speaks that the fact that the decision on a question of law on which the judgment of the court is based has been reversed or modified by the subsequent decision of a superior court in any other case, shall not be a ground for the review of such judgment.

In view of the Explanation attached to Rule 1 of Order 47 of CPC, it is clear that an application for review would not lie in a case where the judgment has been rendered erroneous by virtue of the subsequent judgment of supreme court.

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