Law:

Section:

(a) Civil Procedure Code (V of 1908)----- -----S. 114 & O. XLVII, Rr. 1, 2 & 4-----Limitation Act (IX of 1908), Arts. 161, 162 & 173-----Review of -----Limitation-----Trial Court decreed suit filed by plaintiffs and that by defendants was dismissed-----Lower Appellate Court earlier allowed both the appeals filed by defendants, but on review dismissed the appeals-----Plea raised by defendants was that review application filed by plaintiffs was barred by limitation-----Validity-----Review in question was in respect of passed by Lower Appellate Court, which did not fit within the meaning of Arts. 161 & 162 of Limitation Act, 1908, therefore, would fall within the meaning of Art. 173 of Limitation Act, 1908, which provided period of ninety days for review-----Review in question was filed within a period of 24 days; therefore, such review was not hit by Art. 173 of Limitation Act, 1908-----Review was maintainable, in circumstances. (b) Civil Procedure Code (V of 1908)----- -----Ss.114, 152 & O. XX, R.3-----Judgment, alteration of----- Competence of Court-----Principle-----Courts can alter or add in pronounced while exercising jurisdiction under S. 152, C.P.C. or on review-----Competence of Court to alter or add in already pronounced is protected by law itself. (c) Civil Procedure Code (V of 1908)----- -----O. XLVII, R. 1(1)(c)-----Review-----Term 'sufficient reasons'-----Reviewing Court-----Jurisdiction----- Scope----- Term 'sufficient reason' does not authorize reviewing court to act as appellate Court. (d) Civil Procedure Code (V of 1908)----- -----O. XX, R. 4(2)-----Term 'reasons for such decision'-----Scope-----Term 'reasons for such decision' leaves nothing ambiguous that 'decision' should be based on reasons-----If a decision does not find conformity with reasons for such decision, it cannot be a 'legal ' because it is the reasoning which result into conclusion. (e) Words and phrases----- -----Decree-----Defined. Black's Law Dictionary, Sixth Edition rel. (f) Fraud----- -----Proof-----Uttering word 'fraud' itself never establishes fraud but it is the circumstances, facts or documentary evidence through which 'fraud' can only be established.…