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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Banka Dei (Deceased) through LRs Rati Ram – Appellant
Versus
Watuli Devi – Respondent
| Table of Content |
|---|
| 1. review petition context and initial claims. (Para 1) |
| 2. argument on procedural lapses and lack of evidence. (Para 2 , 3) |
| 3. clarification of review powers under cpc. (Para 5 , 6 , 7 , 9 , 22) |
| 4. assessment of claims related to adverse possession. (Para 10 , 11 , 12 , 13 , 14 , 16 , 18 , 19) |
| 5. limitations of court's review power; conclusion of dismissal. (Para 21) |
1. The present petition has been filed for reviewing the judgment and decree passed in RSA No. 145 of 2022, titled Banka Dei (since deceased) through her LRs versus Watuli Devi, decided on 29.9.2023. It has been asserted that the learned District Judge has reversed the findings of the learned Trial Court in a slipshod manner. The findings were not discussed by the learned District Judge and he had failed to comply with Order 41 Rule 31 of CPC. The Hon’ble Apex Court has repeatedly held that the Appellate Court is required to give reasons for findings to differ from the findings of the learned Trial Court. Learned Trial Court had dismissed the suit filed by the plaintiff by giving specific and categorical reasons holding that the defendant was in adverse possession. The points de
A review is limited to correcting apparent errors in the record, not a re-evaluation of the case, reaffirming that findings must strike readily without extensive reasoning.
A review petition must demonstrate an error apparent on the face of the record; it cannot be used as a means to reargue the case.
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....
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 review court emphasized that mere registration of documents does not establish title; the plaintiff must provide clear evidence of both title and possession, especially when adverse possession is....
(1) Review petition cannot be entertained at behest of a Counsel or a person, who had not appeared before Court or was not party in main case.(2) Judgment cannot be reviewed in absence of error appar....
The power of judicial review is strictly confined to correcting errors apparent on the record, without substituting previous judicial conclusions on merits.
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.
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....
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