2007 AIR SCW 7186 ::2008 (1) AIR Bom R 144 ::(2008) 104 RevDec 166 ::(2008) 1 CLR 227 (SC) ::(2008) 1 All RentCas 556 ::(2008) 1 CivilCourtC 159 ::2008 (1) SCC 520 ::(2008) 1 RecCivR 220 ::(2007) 13 Scale 340 ::2008 (4) AllMR (NOC) 30 ::(2008) 70 All LR 153 ::(2008) 1 Cal HN 117 ::(2008) 1 Cal LJ 33 ::(2008) 1 Bom CR 53 ::(2008) 1 Guj LH 404 ::(2008) 1 ICC 578 ::(2008) 2 CTC 60 (SC) ::(2008) 2 Mad LW 501 ::(2007) 6 Mad LJ 1796 ::(2008) 1 Ker LT 832 ::(2008) 1 UC 1 ::(2008) 61 AllIndCas 256 (SC)

Supreme Court Of India

(From : Bombay)

Hon'ble Judge(s): S. B. Sinha, H. S. Bedi , JJ

(A) Civil P.C. (5 of 1908) , S.114, O.47 R.1— Review - Doctrine of merger - Does not apply when review petition is dismissed. Where a review petition is dismissed, the doctrine of merger will have no application whatsoever. It is one thing to say that the judgment debtor was entitled to file an application for review in terms of S. 114 read with O. 47, R. 1 of Civil P.C. but it is another thing to say that the decree passed in favour of the decree holder merged with the order dismissing the review application. Matter might have been different, if the review application had been allowed either wholly or in part in terms whereof an application for execution of the decree could have been filed only in terms of the modified decree.(Para 11) (B) Civil P.C. (5 of 1908) , O.21 R.35, O.47 R.1— Execution - Limitation - Decree for possession and mesne profits - Review petition against, dismissed - Appeal to S. C. against dismissal of review petition - Stay granted by S. C. to order dismissing review petition - Does not bar execution of decree - Further direction given by S. C. that computation of mesne profit would go on and the same would be deposited by the appellant - Does not have effect of staying operation of decree - Neither order of dismissal of review petition nor stay granted by S. ....