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Discussion

Which provision in Code of Civil Procedure, 1908 bars entertainment of application to review an order made on an application for a review or a decree or order passed or made on a review;

  • A.Section 11
  • B.Section 10
  • C.Order XLVII Rule 9
  • D.Order IX Rule 9

Answer: C

The bar is in Order XLVII Rule 9.

Order XLVII deals with review. Rule 9 says no application to review an order made on an application for a review, or a decree or order passed or made on a review, shall be entertained. There is no review of a review.

Section 11 is res judicata and Section 10 is res sub judice (stay of suit), while Order IX Rule 9 bars a fresh suit after dismissal for the plaintiff's default and provides for restoring it.

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