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An eligible party seeks civil review under Order XLVII rule 1 of the Code of Civil Procedure, 1908.…

Order XLVII rule 1 recognizes discovery of new and important matter or evidence that was unknown or could not be produced despite due diligence at the relevant time. It also…

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An eligible party seeks civil review under Order XLVII rule 1 of the Code of Civil Procedure, 1908. Which pair describes two grounds recognized by that rule?

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Answer and explanation

Correct answer B

Order XLVII rule 1 recognizes discovery of new and important matter or evidence that was unknown or could not be produced despite due diligence at the relevant time. It also recognizes a mistake or error apparent from the record.

Review has limited grounds. Reversal or modification of a point of law by a superior court in another case is specifically excluded as a ground for review of the earlier judgment.

Option feedback

Option A

The rule requires due diligence for newly discovered evidence. A different view of the evidence is ordinarily a matter for appeal.

Option B

Order XLVII rule 1 recognizes discovery despite due diligence and a mistake or error apparent from the record.

Option C

The Explanation excludes reversal or modification of a point of law in another case as a review ground. Disagreement with reasoning alone does not show apparent error.

Option D

The rule requires a recognized ground for review. An unused appeal route can affect eligibility under the rule. It does not supply an independent review ground.

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