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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
PARTHIVJYOTI SAIKIA
On The Death Of Nagendra Nath Lahkar His Legal Heirs Smti. Sabita Lahkar, D/O Late Nagendra Nath Lahkar – Appellant
Versus
Bijuli Kalita W/o Mr. Akhil Talukdar – Respondent
| Table of Content |
|---|
| 1. review petition filed under cpc provisions. (Para 2) |
| 2. understanding and application of order 47 rule 1. (Para 3 , 4) |
| 3. principles governing application for review. (Para 5 , 6) |
| 4. mistake by court may warrant review. (Para 7 , 8) |
| 5. no errors or new evidence in previous judgment. (Para 9) |
| 6. review petition dismissed for lack of merit. (Para 10) |
JUDGMENT :
PARTHIVJYOTI SAIKIA, J.
Heard the learned senior counsel Mr. R.C. Siakia appearing for the review petitioner. Also heard the learned counsel Mr. H.K. Sarma appearing for the respondent.
2. The present petition has been filed under Order 47 Rule 1 & 2 of the Code of Civil Procedure praying for reviewing the judgment and order passed by this Court on 22.03.2022 in RFA No.123/2017 (D/O).
3. For better understanding of review of a judgment as contemplated under Order 47 Rule 1 of the Code of Civil Procedure, let me visit the said provision.
4. Now, the question arises whether the powers of review provided by Order 47 Rule 1 of the CPC can be applied in the present case. Order 47, Rule 1 reads as under –
“Application for review of judgment - (1) Any person considering himself aggrieved-
(a) by a decree or order from which an
Review under Order 47 of the CPC is limited to errors apparent on record or new evidence; disagreement with the judgment does not suffice for a review.
The power of review under Order 47 of the CPC is not a mechanism for appeal and is limited to apparent errors and significant new evidence.
A review petition can be allowed if an application for additional evidence was overlooked, constituting an error apparent on the record.
‘Actus curiae neminem gravabit' means an act of Court shall prejudice no one.
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.
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