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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Sanjeev Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral)
REVIEW PET. 210/2023
1. This review petition has been filed by the petitioner seeking review of order dated March 7, 2023 passed by this Court in the above writ petition. Vide the said order we have upheld the order passed by the Tribunal wherein the Tribunal dismissed the Original Application, (`OA', for short) on the ground of limitation.
2. The review petition has been filed by giving reference to OA 2761/2009 filed by Manoj Kumar Baranwal and Ors., wherein the petitioner was one of the applicants. The said OA was dismissed by the Tribunal on July 4, 2011. The petitioner who appears in person states that the said order passed by the Tribunal needs to be reviewed.
3. On a specific query to the petitioner; whether any reference was made to the earlier OA being O.A. No. 2761/2009, filed before the Tribunal, he states that, he shall file the copy of that OA. On a further query, whether any reference to the OA has been made in the writ petition which was dismissed vide order dated March 7, 2023, he states that, he has mentioned about the same in the present review petition. According to him by oversight the reference could not be made in the writ
The court upheld that grounds for review not previously raised do not warrant revisiting of a judgment.
Review jurisdiction is not an appeal; it addresses only material errors apparent on record, not new arguments or hearsay.
The court reinforced that review petitions are not an opportunity to re-argue cases or appeal decisions already made unless clear, patent errors exist.
Points Of law : Grounds taken in the review petition have already been dealt with in the main.
Review petitions must demonstrate an error apparent on the face of the record and cannot introduce new arguments not previously raised.
Review petitions should demonstrate an apparent error on the face of the order being challenged, rather than challenging the order on its merits.
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