Supreme Court · 1999 INSC 231 · Decided 7 May 1999
Sri Budhia Swain and ORS. v. Gopinth Deb and ORS.
- Court
- Supreme Court of India
- Citation
- 1999 INSC 231 · [1999] 2 S.C.R. 1189
- Case number
- CIVIL APPEAL No. 955/1985
- Decided
- 7 May 1999
- Bench
- AJAY PRAKASH MISRA, R.C. LAHOTI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 151
Headnote
B Code of Civil Procedures, 1908 : Section 151-Power to review or recall-By tribunal and court of its earlier order-Held, could be exercised if such order suffered from the inherent C lack of jurisdiction and such lack of jurisdiction was patent; there existed fraud or collusion in obtaining the in ignorance of the fact that a necessary party had not been served at all or had died and the estate was not represented-But right to seek vacation of a judgement may D be lost by waiver, estoppel or acquiescence. Review or Recall, power of-In exercise of power conferred by a statute, Collector
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)