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IN THE HIGH COURT OF ALLAHABAD
VIVEK KUMAR BIRLA, JITENDRA KUMAR SINHA
Sandeep Bhatnagar – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
(Jitendra Kumar Sinha, J.)
Order on Civil Misc. Review Application No.135040 of 2017
1. Heard Shri Shesh Kumar, learned counsel for the appellant and Shri Dinesh Varun, learned Standing Counsel for all the respondents.
2. We have considered the submissions made by counsel for the parties and have perused the material available on record. In the interest of justice, we have heard learned counsel for the appellants on the point of delay condonation application as well as merit of the review application.
3. This present Civil Misc. Delay Condonation application has been filed for condoning the delay in filing the review application to review / recall the judgment passed by this Court, dated 25.01.2016, passed in First Appeal No.612 of 2003, in which, one of us (Hon'ble Justice Vivek Kumar Birla, J) was a member of the Bench. The ground taken in this Civil Misc. Application, inter-alia is that prior to delivery of judgement of this Court in First Appeal No.612 of 2003, the pecuniary jurisdiction of the District Judge was raised from Rs.5,00,000/- (Five Lakhs) to Rs.25,00,000/- (Twenty Five Lakhs) vide Gazette Notification No. 1599/79-V-1-15- 1(ka)19/2015 dated 07.12.2015, Section
The court emphasized that objections regarding jurisdiction must be raised promptly, and health issues cited were insufficient to justify delay in filing a review application.
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....
A review application cannot be entertained after the dismissal of a Special Appeal without prior leave, reaffirming the doctrine of merger and judicial discipline.
Point of Law - By amendment in the Provincial Small Cause Courts Act, 1887 the limit of pecuniary jurisdiction of small causes court was increased from Rs.25,000/- to Rs.1 Lakh.
Review jurisdiction is not an appeal; it addresses only material errors apparent on record, not new arguments or hearsay.
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 petition cannot be used to reargue a case on merits and must point out an error apparent on the record; otherwise, it is not maintainable.
The main legal point established in the judgment is that the power of review may only be exercised for specific reasons such as the discovery of new evidence, mistake, or error apparent on the face o....
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