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HIGH COURT OF CHHATTISGARH AT BILASPUR
Parth Prateem Sahu
Dubey Stone Crushers Through Its Proprietor Heeramani Dubey S/o Shri Ramkumar Dubey – Appellant
Versus
Chhattisgarh State Power Distribution Company Limited – Respondent
Order :
(Parth Prateem Sahu, J.)
1. Petitioner has filed this review petition seeking review of the order passed by this Court in WPC No.3985 of 2023 dated 11.09.2023 inter-alia on the ground pleaded therein.
2. Learned counsel for petitioner would submit that against the order passed in the writ petition, petitioner has filed writ appeal bearing W.A. No.448 of 2023 and during the course of arguments, writ appeal was permitted to be withdrawn with liberty to file review application considering the ground raised that this Court has not considered the point of limitation taken and raised before this Court. He contended that Regulation 30 which is extracted in para -8 of the order dated 11.09.2023 specifically mentions the review application to be filed within a period of 30 days of the order. He also pointed out that specific ground is also raised in the writ petition in Para 8.5. He contended that though there is specific pleading in para 8.5, this Court while deciding this writ petition escaped consideration of the important ground of limitation raised for consideration and further that respondents have not filed any application for condonation of delay along with the application for
Review petitions must demonstrate an error apparent on the face of the record and cannot introduce new arguments not previously raised.
Review jurisdiction is not an appeal; it addresses only material errors apparent on record, not new arguments or hearsay.
The scope of review under Order 47 Rule 1 of CPC is limited to errors apparent on the face of the record, and detailed discussion of citations in the order is not necessary.
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 petitions must present new evidence or clear errors; they cannot reargue previously decided issues.
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....
Non-consideration of the ground of limitation amounts to an error apparent on the face of the record, justifying the allowance of a Review Petition.
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