SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(SC) 734

N. V. RAMANA, KRISHNA MURARI, HIMA KOHLI
S. Madhusudhan Reddy – Appellant
Versus
V. Narayana Reddy – Respondent


Advocates appeared:
For the Petitioner(s): Abhishek Manu Singhvi, V.K. Shukla, Somanadri Goud Katam, Nidhi Ram Sharma, Ganesh Bhardwaj, V.C. Shukla, Sirajuddin, Adv.
For the Respondent(s):Gaichangpou Gangmei, Advocate

Judgement Key Points

The legal document emphasizes the limited scope and strict criteria for the exercise of review jurisdiction. It clarifies that recourse to successive review petitions against the same order is impermissible, unless the party can demonstrate the discovery of new and important evidence that was not available earlier despite due diligence (!) (!) (!) . The review process is confined to correcting errors that are manifest on the face of the record, rather than reappreciating evidence or substituting the view taken in the original decision (!) (!) (!) (!) (!) (!) .

The document underscores that errors which require detailed reasoning or involve mere disagreements with the merits of the case do not qualify as errors apparent on the record (!) (!) (!) (!) (!) . It highlights that the power of review is not an inherent power but is conferred by law, and it must be exercised within the boundaries of specific legal provisions, primarily Order XLVII of the Civil Procedure Code (!) (!) (!) (!) .

Furthermore, the importance of exercising due diligence before passing a judgment is stressed, as the discovery of new evidence after the order was made must be relevant and of such a nature that it could have altered the outcome had it been available earlier (!) (!) . The document also notes that a review cannot be used as an avenue to reargue points already considered and rejected, nor to correct errors that are not self-evident or require extensive reasoning to identify (!) (!) (!) (!) .

In conclusion, the principles outlined prohibit the filing of successive review petitions on the same grounds, especially when no new evidence has been discovered and the alleged errors are not apparent on the record. The review process is a mechanism for correcting only clear and manifest errors, not for redeciding issues or rehashing arguments already settled (!) (!) (!) (!) (!) (!) .


JUDGMENT :

Hima Kohli, J.

1. Leave granted.

2. The present appeals are directed against a common judgment and order dated 29th April, 2022 passed by the learned Single Judge of the High Court for the State of Telangana at Hyderabad, allowing the review petitions filed by the respondent Nos. 1 to 6 herein (IA No.2 of 2014 in Revision CRPMP No. 6377 of 2014 moved in and Civil Revision Petition No.2786 of 2013 and IA No.1 of 2014 in Revision CRMP No.4997 / 2014 moved in and Civil Revision Petition No.2787 /2013). As a result of allowing the review petitions, the common judgment and order dated 09th July, 2013 passed by the predecessor Bench upholding the common order dated 23rd March, 2013 in Cases No. F1/3/2005 and F1/4/2005 passed by the Joint Collector, Mahabubnagar, has been set aside and as a sequel thereto, the orders dated 31st March, 1967 passed by the Tahsildar, Shadnagar, accepting the surrender of protected tenancy rights by the ancestors of the appellant have been confirmed.

3. The appeals have a chequered history that dates back to the year 1967. The facts relevant for deciding the present appeals are as follows:-

3.1 Late Shri Chandra Reddy and late Shri Chenna Reddy, both so


Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top