Code of Civil Procedure, 1908–Order 47, Rule 1–Review–Scope of–Observations of High Court in respect of plaintiff’s possession were based on the appreciation of evidence/material on record–It cannot be said that there was an error apparent on the face of proceedings which was required to be
reviewed–There were necessary averments with respect to possession and the parties led the evidence over this aspect–Non-framing of the issue in regard to possession would have no bearing–Held, High Court committed a grave error in allowing the review petition.
