Supreme Court of India

Sri Budhia Swain and Ors. v. Gopinth Deb and Ors.

Neutral citation

Reported as [1999] 2 S.C.R. 1189

Bench A.P. Misra and R.C. Lahoti JJ.

Decided 7 May 1999

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

6 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that no fault can be found with the order of the High Court and the appeal therefore deserves to be dismissed.

Judgment, page 5

From the headnote

Code of Civil Procedures, 1908 : Section 151-Power to review or recall-By tribunal and court of its earlier order-Held, could be exercised if such order suffered from the inherent lack of jurisdiction and such lack of jurisdiction was patent; there existed fraud or collusion in obtaining the judgment; there had been a mistake of court prejudicing a party or a judgement was rendered in ignorance of the fact that a necessary party had not been served at all or had died and the estate was not represented-But right to seek vacation of a judgement may be lost by waiver, estoppel or acquiescence.

Where later benches applied it

2024 Greater Noida Industrial Development Authority v. Prabhjit Singh Soni & Anr. relied on
2019 Nusli Neville Wadia v. Ivory Properties & Ors. relied on
2026 The State of West Bengal v. Jai Hind P.ltd. referred to
2025 Vikram Bakshi and Others v. R.P. Khosla and Another referred to
2025 Gayatri Balasamy v. M/s Isg Novasoft Technologies Limited referred to
2023 The Commercial Tax Officer & Ors v. Neeraja Pipes Pvt. Ltd. referred to

Of those, 2 relied on · 4 referred to

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