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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Vardhman Spinning and General Mills Ltd. – Appellant
Versus
Vijay Kumar – Respondent
1. The petitioner has filed the present petition seeking review of the judgment and decree dated 25.8.2023, passed by this Court in RSA No. 107 of 2008. It has been asserted that defendant No.1 was held to be a non-bona fide purchaser by the learned Trial Court while deciding issues No.3 and 8(a). It was held that defendant No.1 was informed about the agreement at the time of the execution of the sale deed and he could not be called to be a bona fide purchaser for consideration. This finding was upheld by the learned First Appellate Court. This Court restored the judgment and decree passed by learned Trial Court and the actual effect of defendant No.1 being declared a nonbona fide purchaser is required to be seen. This Court has not considered the question regarding the status of defendant No.1 as decided by the learned Courts below. Since defendant No.1 is not a bona fide purchaser for consideration, therefore, he was not entitled to approach this Court. This Court was required to consider whether defendant No.1 could have approached the Court when he was not a bona fide purchaser for consideration. This Court has agreed with the findings recorded by
The power of judicial review is strictly confined to correcting errors apparent on the record, without substituting previous judicial conclusions on merits.
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 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.
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....
(1) Lis Pendens – Purpose of lis pendens is to ensure that process of court is not subverted and rendered infructuous – Section 52 of T.P. Act would apply to third-party purchaser.(2) Review Jurisdic....
The power of review is limited to correcting apparent errors on the record and cannot be used to rehash arguments or findings that have been previously settled.
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