TMI Blog2023 (8) TMI 98X X X X Extracts X X X X X X X X Extracts X X X X ..... this Court and that the matter is to be heard in open Court. HELD THAT:- In our view, as on today, Engineering Analysis Centre of Excellence Private Limited (supra) is holding the field. In the event, the aforesaid decision is overruled, that cannot have a bearing on the present case, as it will have an impact only on the judgment passed in Engineering Analysis Centre of Excellence Private Limited (supra) and the cases to be decided thereafter. In other words, if once a judgment is passed by a Court following another judgment and subsequently the latter judgment is overruled on a question of law, it cannot have an effect of reopening or reviving the former judgment passed following the over ruled judgment nor can the same be reviewed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itself in SLP (C) Dy. No. 7468/2023 which was dismissed on 06.04.2023. Apart from this, it has also been brought to our notice by the learned ASG that in Microsoft Corporation (MS Corp) bearing SLP (C) Dy. No. 7076/2023, a coordinate Bench of this Court by an order dated 20.03.2023 dismissed the special leave petition and liberty has been reserved to reopen and/or revive the special leave petition in the event the review petition in Engineering Analysis Centre of Excellence Private Limited (supra) is allowed. In our view, as on today, Engineering Analysis Centre of Excellence Private Limited (supra) is holding the field. In the event, the aforesaid decision is overruled, that cannot have a bearing on the present case, as it will ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he decision on a question of law on which the judgment of the Court is based has been reversed or modified by the subsequent decision of a superior Court in any other case, shall not be a ground for the review of such judgment. The explanation is also in the nature of an exception. In other words, the Explanation being in the nature of a proviso is a qualifying or an exception to what is stated in Order XLVII Rule 1 CPC which states the grounds for seeking a review. Hence, the object and intendment of the Explanation must be given its full effect. The object and purpose of the Explanation can be related to the following three maxims: (i) Nemo debet bis vexari pro una et eadem causa (No man should be vexed twice for the same cause) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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