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CHANDRA DHARI SINGH
Neeraj Jain – Appellant
Versus
Subhash Vohra – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)
1. The appellants vide the instant review petition filed under Order XLVII Rule 1 read with Section 151 of Code of Civil Procedure, 1908, ("CPC" hereinafter) seeks the following reliefs:
"A. Review the order dated 24.1.2024 to the extent it denies interim relief of stay of impugned judgment; (B). Pass an such order(s)/directions as this Hon'ble Court may deem fit and proper in the present circumstances of the case."
2. The relevant facts that have led to the filing of the accompanying Regular First Appeal ("RFA" hereinafter) are reproduced herein below:
a) The appellants approached the respondent in the year 2010 as owners of shop bearing no. X/212, Mohalla Ram Nagar, Gandhi Nagar, Delhi- 31 (hereinafter "suit property") for a total sale consideration amount of Rs.40,50,000/-.
b) Thereafter, the parties executed an Agreement to Sell dated 20th July, 2010, whereby the part payment of Rs.20,50,000/- was made by the respondent to the appellants and the remaining payment was agreed to be paid on the date of execution of the sale deed on or before 30th August, 2010.
c) Since, the appellants failed to execute the sale deed, as agreed upon by the parties, hen
The main legal point established in the judgment is that a review petition should not be allowed to be an appeal in disguise and should be exercised sparingly, with the court emphasizing the limited ....
The court affirmed its jurisdiction to review its orders while highlighting that a mere filing of a review petition does not grant a stay on award enforcement unless complying with statutory requirem....
Review under DRT Rules limited to errors apparent on record; cannot reintroduce omitted grounds or serve as appeal. Res judicata bars successive challenges to sale notice post-auction. Section 14 del....
Review jurisdiction is not an appeal; it addresses only material errors apparent on record, not new arguments or hearsay.
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....
A review petition cannot be based on subsequent judgments or changes in law; it must demonstrate an error apparent on the face of the record or new evidence that was not previously available.
The review jurisdiction does not allow for rehearing or re-examination of arguments, and must meet strict criteria under Order XLVII Rule 1 and Section 114 of the CPC.
Review Petition – Jurisdiction of High Court while exercising review cannot be exercised as an inherit power nor as Appellate Court be exercised in guise of power of review – Power of review may be e....
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