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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K. SAHOO, SIBO SANKAR MISHRA
Registrar General of the Hon'ble High Court of Orissa, Cuttack – Appellant
Versus
Malaya Ranjan Dash – Respondent
| Table of Content |
|---|
| 1. grounds for review petition (Para 1 , 2 , 3) |
| 2. court proceedings leading to final judgment (Para 4 , 5 , 6) |
| 3. petitioner's legal arguments (Para 7 , 8 , 9 , 10) |
| 4. opposing party's arguments against review (Para 11 , 12 , 13) |
| 5. legal principles regarding review jurisdiction (Para 14 , 15 , 16) |
| 6. conclusion and dismissal of review petition (Para 17 , 18 , 19 , 20) |
JUDGMENT :
SIBO SANKAR MISHRA, J.
1. Although the petitioners in the present Review Petition have assailed the final judgment of this Court dated 02.05.2025 passed in W.P.(C) No.28874 of 2023, however, prayer is being made by the petitioners attempting to explore the following relief:-
“(a) allow the Review Petition;
(b) Restore the original writ petition and to re- hear the original writ petition taking into consideration the grounds mentioned in the review petition;
(c) And pass any other/further Order(s) as this Hon'ble Court may deem fit and proper in the interest of justice.”
2. Heard Mrs. Pami Rath, learned Senior Advocate appearing for the petitioners and Mr. Budhadev Routray, learned Senior Advocate appearing for the opposite party No.1.
3. The main ground on the basis of which the Review Petition has bee
Review jurisdiction is limited to correcting manifest errors on the record and does not allow for rehearing or re-evaluation of evidence already presented, emphasizing that arguments based on potenti....
Review jurisdiction is not an appeal; it addresses only material errors apparent on record, not new arguments or hearsay.
(1) Review jurisdiction – Application for review would also lie if order has been passed on account of some mistake—Review court does not sit in appeal over its own order—Rehearing of matter is imper....
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....
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 main legal point established in the judgment is that the power of review is not an inherent power and is subject to the limitations of Section 114 and Order-47, Rule-1 of CPC. A review can only b....
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.
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