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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 :
Submissions of counsel for respective parties:
2.1. It is strenuously urged that the Division Bench in Writ Appeal should have appreciated the facts stated in affidavit dated 26th April, 2017, that Sri Jayram Behera performed his duty till 31st May, 2009 and in affidavit dated 10th July, 2017, it is stated that Sri Goura Chandra Praharaj performed his duty till April, 2009. By taking into consideration said affidavits, the Division Bench of this Court ought to have shown indulgence in the Order of the learned Single Judge.
3.1. Having withdrawn the Special Leave Petition before the Supreme Court of India challenging Order dated 26th October, 2022 passed in the writ appeal, the petitioners have waived their right for consideration of the matter on merit and it is not open for the counsel for the petitioners to reargue and reagitate the issue which have already been dealt in the impugned
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.
The court reinforced that review petitions are not an opportunity to re-argue cases or appeal decisions already made unless clear, patent errors exist.
Point of Law : Order 47 Rule 1 CPC, which reads as Application for review of judgment.
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