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ORISSA HIGH COURT : CUTTACK
HARISH TANDON, CJ., MURAHARI SRI RAMAN
Odisha Lift Irrigation Corporation Ltd. – Appellant
Versus
Jayaram Behera Son of Late Bhajani Behera – Respondent
| Table of Content |
|---|
| 1. review petition filed based on prior rulings. (Para 1 , 4) |
| 2. affidavits not considered in prior decision. (Para 2) |
| 3. grounds for review not pertinent. (Para 3) |
| 4. decision based on previous review materials. (Para 5) |
| 5. review petition dismissed for lack of merit. (Para 6 , 7) |
JUDGMENT :
Seeking review of Order dated 26th October, 2022 passed by this Court in W.A. No.198 of 2018 (Odisha Lift Irrigation Corporation Ltd. and Others Vrs. Jayram Behera and Others), having withdrawn Special Leave Petition, being SLP(C) No.4115 of 2023, on 29th March, 2023 before the Hon’ble Supreme Court of India, the review petitioners filed this review petition.
Submissions of counsel for respective parties:
2. It is contended by Sri Ashok Kumar Panigrahi, learned counsel appearing for the petitioners that affidavit dated 26th April, 2017 sworn to by the Executive Engineer, Lift Irrigation Division, Jajpur Road and affidavit dated 10th July, 2017 affirmed by the Executive Engineer, Lift Irrigation Division, Bhubaneswar, as available on record, were not taken into consideration by the learned Single Judge while disposing of W.P.(C) No.19546 of 2016 by Order dated 15th January, 2018.
2.1. It
Review jurisdiction cannot be exercised to rehear a case or correct an erroneous decision without evidence of an error apparent on the face of the record.
Review jurisdiction is not an appeal; it addresses only material errors apparent on record, not new arguments or hearsay.
The legal review process is constrained to errors apparent on the record, and cannot be used to challenge substantive issues decided in an earlier ruling.
The court established that review petitions cannot be based on subsequent judgments or changes in law, and must strictly adhere to the grounds specified under Order 47 Rule 1 CPC, emphasizing the lim....
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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