Test formulated for review under O.47r. 1
The apex court discussed the question whether the High Court is justified in allowing Review Application under O.XLVII r. 1 of C.P.C.? The court formulated the following tests to find whether a review is permissible: (a) from the discovery of new and important matter or evidence which, after the exercise of due diligence could not be produced by the party at the time when the decree was passed; (b) on account of some mistake; (c) where error is apparent on the face of the record or is palpable wrong; (d) any other sufficient reason. While dismissing the appeal the court held that if the Judgment order is vitiated by any apparent error or it is a palpable wrong and if the error is self evident, review is permissible under O.XLVII r.1.
[B. Bagirathi Ammal v. Palani Roman Catholic Mission, Civil Appeal 78-79/2002 decided on
