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SHEKHAR B. SARAF
Rumpa Ghosh – Appellant
Versus
International Service Centre – Respondent
JUDGMENT :
Shekhar B. Saraf, J.
1. The present review petition by Rumpa Ghosh (hereinafter referred to as the ‘applicant') arises from the order dated February 2, 2016 passed by Justice Ashoke Kumar Dasadhikari in C.O. No. 3315 of 2015.
Facts
2. The factual matrix of the case is laid down below:
b. In response, an application was filed by the applicant for recalling the said order dated February 18, 2010. The prayer was granted by an order dated December 7, 2011 and the amendment stood rejected due to failure on the part of the respondents to comply with Order VI Rule 18 of the Civil Procedure Code, 1908.
c. Thereafter, in the said title suit, the applicant filed a written statement along with a counterclaim to the original plaint on March 16, 2012. In the meanwhile, a revisional applica
The judgment emphasizes the limited scope of review, the distinction between an erroneous decision and an error apparent on the face of the record, and the need to correct wrongs committed to prevent....
Review jurisdiction is not an appeal; it addresses only material errors apparent on record, not new arguments or hearsay.
The power of review is limited to correcting apparent errors on the record and cannot be used to rehash arguments or findings that have been previously settled.
Point of law: The power of review may be exercised on the discovery of new and important matter or evidence which, after the exercise of due diligence was not within the knowledge of the person seeki....
The primary prayer in both recall applications was substantially the recall of the order dated December 6, 2018, and the Court rejected the second recall application on the ground of constructive res....
The main legal point established in the judgment is the limited scope of review jurisdiction, emphasizing the requirement for a mistake or error apparent on the face of the record and the court's ina....
A review petition can be allowed if an application for additional evidence was overlooked, constituting an error apparent on the record.
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