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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S.
Vini V.V., W/o Deepesh K.V. – Appellant
Versus
Malathi B.P., W/o. Makesh V.M. – Respondent
| Table of Content |
|---|
| 1. nature of review and necessity for apparent errors. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. outlines grounds for review under cpc, emphasizing error evident without further inquiry. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 3. court's dismissal of the review petition and restoration of previous orders. (Para 21 , 22) |
ORDER
Muralee Krishna, J.
The respondents 1 to 14 in O.P.(KAT)No.343 of 2025 filed this review petition under Order XLVII Rule 1 read with Section 114 of the Code of Civil Procedure, 1908, (‘CPC’, in short) seeking review of the judgment dated 09.09.2025, passed by this Court in that original petition.
2. Heard the learned counsel for the review petitioners, the learned Standing Counsel for the Kerala Public Service Commission (‘KPSC’ in short), the learned counsel for the petitioners in the original petition and the learned Senior Government Pleader.
3. The learned counsel for the review petitioners would submit that the Public Service Commission did not raise the contentions regarding improper parties in the original application. Therefore, the finding regarding the same made in the judgment is incorrect. By vacating the order in M.A
The court emphasized that review petitions cannot reargue resolved issues but must identify clear, self-evident errors in prior judgments.
Review jurisdiction under S.114 and O.47 R.1 CPC is limited to self-evident errors, new evidence or sufficient analogous reasons and cannot be used as an appeal in disguise.
Review power is limited to self-evident errors, discovery of new evidence, or sufficient reason; no re-arguing previously decided issues permitted.
Review jurisdiction is not an appeal in disguise and is confined to specific grounds as per the Code of Civil Procedure.
The court upholds that review jurisdiction does not permit relitigation of issues already addressed and dismissed.
Review jurisdiction under CPC is limited; cannot reargue issues already settled.
Review under CPC should not be used to reargue settled issues; adequate grounds must be shown for review.
Review jurisdiction is limited to specific grounds such as new evidence or apparent errors, and cannot be used as an appeal mechanism.
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