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MANOJ KUMAR GARG
Manju Bala W/o Late Shri Yuvraj Singh – Appellant
Versus
Shyam Singh Parihar S/o Late Shri Kan Singh Parihar – Respondent
ORDER :
1. The present review petition has been filed by the petitioners against the judgment dated 08.08.2018 passed by co-ordinate Bench of this Court in S.B. Civil First Appeal No. 388/2010 whereby, the first appeal filed by the respondent/plaintiff was allowed.
2. The respondent/ plaintiff had filed an appeal before this Court being S.B. Civil First Appeal No. 388/2010 which came to be decided in favour of the respondent plaintiff vide judgment dated 08.08.2018. Upon allowing of the appeal, the petitioners filed an application under Order 41 Rule 21 CPC praying for re-hearing of the appeal. The said application was dismissed by this Court vide order dated 30.10.2018. Thereafter, the petitioners preferred SLP before the Hon’ble Apex Court feeling aggrieved by the order dated 08.08.2018 and 30.10.2018. The SLP preferred by the present petitioners also came to be dismissed vide order dated 13.12.2018. Now the petitioners have preferred the present review petition for reviewing the order dated 08.08.2018.
3. The present appeal has been listed in ‘Defect’ category as the same is barred by delay of 305 days. The review petitioners had filed an application under Section 5 of Limitation A
Review petitions must present new evidence or clear errors; they cannot reargue previously decided issues.
Review petitions must demonstrate an error apparent on the face of the record and cannot introduce new arguments not previously raised.
A review petition cannot be used to reargue a case on merits and must point out an error apparent on the record; otherwise, it is not maintainable.
Review jurisdiction is not an appeal; it addresses only material errors apparent on record, not new arguments or hearsay.
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....
The judgment emphasizes the limited scope of review, the distinction between an erroneous decision and an error apparent on the face of the record, and the need to correct wrongs committed to prevent....
The court held that a significant delay in filing a review petition cannot be condoned without sufficient explanation, especially when a prior Supreme Court ruling exists.
The importance of diligently pursuing the remedy by way of review and the implications of dismissal of the review application.
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 application cannot be entertained after the dismissal of a Special Leave to Appeal by the Supreme Court, as it constitutes an abuse of judicial process.
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