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SUSHRUT ARVIND DHARMADHIKARI, GAJENDRA SINGH
Govind Khandelwal S/O Late Shri Chaturbhujdas Ji Khandelwal – Appellant
Versus
Suresh Khandelwal S/O Kanhaiyalal Khandelwal – Respondent
ORDER :
Heard on the question of admission.
1. The instant review petition under Order 47 Rule (1) r/w Section 114 of the Code of Civil Procedure has been filed seeking review of order dated 23.01.2024 passed in W.A. No. 1341/2022, whereby the writ appeal has been dismissed.
2. The brief facts of the case are that the writ petition has been filed by the respondent being aggrieved with the orders passed in Case No. 1063- One/13 and 1064-One/13 dated 17.09.2014 by the Board of Revenue, Gwalior whereby the petitioner's revision was allowed and the mutation of Survey No. 219, area 0.314 Aare was ordered to be made as per the sale deed. The respondents being aggrieved by the said order challenge the same by filing a writ petition before the Single Bench of this Court and the learned Single Bench of this Court passed the impugned order dated 08.12.2021 after elaborate discussion of the facts and law held that the respondent Govind (present petitioner) has sold 0.314 hectare of land bearing Survey No. 219 and again the same land was sold by Chaturbhuj Das to Suresh Kumar, Radha Krishna, Ajay Kumar and Amit Kumar (present respondents). The petitioner filed a review petition before the learned
Review jurisdiction is limited to errors apparent on the face of the record and cannot be used to reargue the merits of a case.
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....
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....
A review petition can be allowed if an application for additional evidence was overlooked, constituting an error apparent on the record.
(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....
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....
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