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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
SUSHRUT ARVIND DHARMADHIKARI, AVANINDRA KUMAR SINGH
Ashok Bhatia – Appellant
Versus
Zonal Manager West – Respondent
| Table of Content |
|---|
| 1. condonation of delay in filing petition. (Para 1) |
| 2. factual background of petitioner's case. (Para 2) |
| 3. arguments of petitioner and respondents. (Para 3 , 4) |
| 4. overview of review application provisions. (Para 5 , 6 , 7) |
| 5. criteria for maintainability of review applications. (Para 8 , 9 , 10) |
| 6. limitations on review jurisdiction. (Para 11 , 12 , 13) |
| 7. importance of new and relevant evidence for review. (Para 14 , 15) |
| 8. distinction between review and appeal. (Para 16 , 17) |
| 9. conditions for statutory or inherent review. (Para 18 , 19) |
| 10. existence of apparent error necessary for review. (Para 20 , 21) |
| 11. dismissal of review petition. (Para 22 , 23) |
ORDER :
1. Heard on I.A. No. 4282/2025, which is an application filed under Section 5 of Limitation Act for condonation of 9 days in filing the petition.
For the reasons mentioned in the application, I.A. No. 4282/2025 is allowed and delay of 9 days in filing the petition is hereby condoned.
The instant review petition under Order 47 Rule (1) of the Code of Civil Procedure, 1908 has been filed seeking review of order dated 15/01/2025 passed in W.A. No.2840/2024, whereby the writ appeal has been dismissed.
A review petition may be maintained only upon discovery of new evidence or manifest errors; it cannot serve as an appeal to reconsider resolved issues.
Review jurisdiction is not an appeal; it addresses only material errors apparent on record, not new arguments or hearsay.
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.
Inherent power to review exists when decisions are made without jurisdiction, allowing for restoration of appeal to avoid injustice.
A review petition must show an apparent error on the record to succeed, as delay does not extinguish the right to continuing benefits like family pensions.
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