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NELSON SAILO
Ngenkima (L) Represented by Sh. Laldinpuia Bilkhawthlir – Appellant
Versus
State of Mizoram R/b Secretary to the Govt. of Mizoram Land Revenue and Settlement Deptt. – Respondent
JUDGMENT :
Nelson Sailo, J.
Heard Mr. C. Lalramzauva, learned Senior Counsel assisted by Mr. Stephen Lalbuatsaiha, learned counsel for the appellants and Ms. Linda L. Fambawl, learned Addl. Advocate General, Mizoram for all the respondents. This appeal is directed against the Judgment & Order dated 28.10.2020 passed by the Senior Civil Judge, Kolasib District, Kolasib in Review Petition No. 2/2019 arising out of Civil Suit No. 2/2018.
2. Brief facts essential for disposal of the instant appeal is that the appellants as plaintiffs filed Civil Suit No. 2/2018 in the Court of Senior Civil Judge, Kolasib District, Kolasib claiming amongst others for a decree to declare them as the legal and bonafide owners of the Suit land occupied by the respondents who were arrayed as defendants amongst others. The appellants also prayed for a direction to the respondents for payment of rental compensation that was assessed by the Defendant No. 2 in their favor and communicated vide letter dated 01.04.2015.
3. Against the Civil Suit, the respondents as defendants did not file their written statement. The appellants on their part examined one (1) witness and who was also cross-examined by the Assistant Go
The court ruled that a Review Petition must ensure all parties are given a fair opportunity to contest the suit, emphasizing the importance of due process in judicial proceedings.
A review application would be maintainable only on specific grounds such as discovery of new and important matter or evidence, mistake or error apparent on the face of the record, or for any other su....
Court can exercise its power of review only when there is an error apparent on the face of the record and an error which is to be fished out by a process of reasoning cannot be said to be an error ap....
The court dismissed the appeal as redundant due to subsequent developments regarding the revised Draft Award, affirming that the original challenge was no longer relevant.
The court clarified the limited scope of review and the need for parties to approach the court with 'clean hands' and emphasized the finality of judgments to maintain judicial justice.
A review petition cannot be used as an appeal in disguise; it must demonstrate clear grounds for review, such as fraud or error apparent on the face of the record.
A review petition is maintainable where there is fraud, suppression of material facts and developments involving the same land and that too when the property already became a property of the State.
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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