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P. B. BAJANTHRI, JITENDRA KUMAR
Mantu Kumar S/o Late Ramchandra Singh – Appellant
Versus
Union of India through the Home Secretary, New Delhi – Respondent
JUDGMENT :
JITENDRA KUMAR, J.
1. The present Review Petition has been filed to review the Order dated 02.12.2019 passed by the Division Bench of this Court in Civil Writ Jurisdiction Case No. 23813 of 2019, whereby the Writ Petition of the Petitioner was dismissed in limine on account of non-maintainability.
2. Hence the question is whether this Court can review the said Order under Civil Review Jurisdiction.
3. Before we proceed to consider the submission of the Petitioner for review, it is imperative to examine the Statutory Provisions and Case Laws to know what is scope and limitation of the Review Jurisdiction.
4. Section 114 of the Code of Civil Procedure deals with substantive power to Review a decree or order. This Section reads as follows:
(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred.
(b) by a decree or order from which no appeal is allowed by this Code.
(c) by a decision on a reference from a Court of Small Causes may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such orde
The main legal point established in the judgment is that the power of review may only be exercised for specific reasons such as the discovery of new evidence, mistake, or error apparent on the face o....
Review jurisdiction is not an avenue for re-argument or appeal; it is confined to correcting errors apparent on the face of the record or addressing new evidence that was not available at the time of....
Review jurisdiction is not an appeal; it addresses only material errors apparent on record, not new arguments or hearsay.
A review petition should strictly adhere to the scope and ambit of Order 47 Rule 1, and the grounds for maintainable review as stipulated by the statute.
Review under Order 47 of the CPC is limited to errors apparent on record or new evidence; disagreement with the judgment does not suffice for a review.
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