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Report No. 27

71. Order XLVII, rule 7.-Under Order XLIII, rule 1(w), an appeal lies from an order under Order XLVII, rule 4 granting an application for review, but the scope of such appeal is limited to the grounds specified in clauses (b) and (c) of Order XLVII, rule 7. It follows, that where a review is granted on the ground of a mistake or error apparent on the face of the record, or "for any other sufficient reason", no appeal would lie against the order granting review. This is not a satisfactory position. There does not seem to be any valid reason why an appeal should lie when a review is granted on certain grounds, and not where it is granted on other grounds. We recommend1, that the restriction at present imposed by Order XLVII, rule 7 on the right of appeal against an order granting review should be removed.

1. Appendix I, Order 47, rule 7.

72. Other changes.-We have explained above the principal amendments that we have proposed. The other changes proposed by us can be seen from Appendix I, and the reasons therefor in the Notes on Clauses in Appendix II.

73. Other points considered.-There are certain other points which we have considered, though we have not recommended any amendment of the law on those points. These have been discussed in the Notes1.

1. Appendix II, notes on clauses.

74. Appendices.-In order to give a concrete shape to our recommendations, we have, in Appendix I, put them in the form of draft amendments to the existing Code.

Appendix II contains Notes on Clauses, explaining, with reference to the amendments in Appendix I, any points that might need elucidation.

Appendix III gives a comparative table, showing the recommendations made in the Fourteenth Report and the amendments, if any, proposed by us in pursuance thereof.

Appendix IV summarises our recommendations in respect of other Acts.

J.L. Kapur, Chairman.

K.G. Datar, Member.

*S.K. Hiranandani, Member.

S.P. Sen-Varma, Member.

**Niren De, Member.

T.K. Tope, Member.

P.M. Bakshi, Joint Secretary and Draftsman

New Delhi,

Dated: 13th December, 1964.

* Member Shri Hiranandani has signed the Report subject to a separate note.

** Member Shri De could not attend the meeting at which the Report was finalised. He has, therefore, been unable to sign the Report.

Code of Civil Procedure, 1908 Back

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