Supreme Court · 2009 INSC 937 · Decided 21 July 2009
Inderchand Jain (D) Through L.RS. v. Motilal (D) Through L.RS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 937 · [2009] 11 S.C.R. 252
- Case number
- CIVIL APPEAL No. 4584/2009
- Decided
- 21 July 2009
- Bench
- S.B. SINHA, DEEPAK VERMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 114; Specific Relief Act Section 16(c)
Headnote
Code of Civil Procedure, 1908 - 'Or. 47 r. 1, s. 114 - Review· petition - Maintainability of - Agreement for sale C between parties - Suit for specific performance decreed in favour of buyer - High Court in first appeal, setting aside the decree - Remittance of matter by Division Bench of aside by Single Judge of High Court - R.eview petition by parties - Single Judge of High Court D allowed the petitions, recalled the earlier judgment and issued directi.on. for re-hearing - Sustainability of - Held: Not sustainable - Review application would lie when order suffers from an error
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