1. Review petition — Challenge against previous order. (Para 2 )
2022 Supreme(SC) 784
SUPREME COURT OF INDIA
Uday Umesh Lalit, Ajay Rastogi, JJ.
Abhinitam Upadhyay - Petitioner
Versus
Hon’ble Allahabad High Court Through Its Registrar General - Respondent
Review Petition (Civil) No.1353 of 2021 In Special Leave Petition (Civil) No.849 of 2021
Decided On : 11-01-2022
Important Points
Subject
Civil Law - Review Petition
Headnote
Review Petition - Oral Hearing - The court dismissed the application seeking oral hearing and the review petition, finding no error apparent on record to justify interference.
Fact of the Case:
The court dismissed the application seeking oral hearing and the review petition, finding no error apparent on record to justify interference.
Finding of the Court:
The court found no reason to entertain the review petition and dismissed the application seeking oral hearing.
Issues:
Ratio Decidendi: The grounds raised in the review petition do not make out any error apparent on record to justify interference.
Final Decision: The review petition and the application seeking oral hearing were dismissed.
Legal Category Hierarchy
-
practice and procedure
-
civil procedure
-
review
- error apparent on record (Para 3)
-
review
-
civil procedure
Table of Contents
2. Request for oral hearing — Grounds for review of previous order. (Para 2 , 3 )
3. Absence of error apparent on record to justify interference in the original order. (Para 3 )
4. Review petition — Requirement of error apparent on record for interference. (Para 3 )
5. Application for oral hearing and review petition dismissed. (Para 1 , 4 )
6. What is the standard for granting interference in a review petition?
Interference in a review petition is justified only when the grounds raised demonstrate an error apparent on the record. (Para 3 )
7. Can a review petition be dismissed if the arguments were previously considered?
Yes, if the submissions advanced were already dealt with in the original order and no error apparent on record is found, the petition may be dismissed. (Para 2 , 3 )
ORDER :
1. Application seeking oral hearing in the matter is dismissed.
2. The submissions advanced on behalf of the petitioners were dealt with in the order dated 05.07.2021 against which the instant review petition is preferred.
3. The grounds raised in the review petition do not make out any error apparent on record to justify interference.
4. We, therefore, do not find any reason to entertain this review petition which is accordingly dismissed.