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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
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.
2. The brief facts of the case are that the present petitioner was working on the post of Assistant Grade-II in Food Corporation of India and was posted at Waidhan depot under Food Corporation of India Divisional Office at Satna in the year 1984. While being posted a case was registered by Central Bureau of Investigation (“CBI” for short) and the petitioner was prosecuted and convicted under Section 409 of IPC and Section 5 of Prevention of Corruption Act, 1947, vide judgment dated 29/03/2000. Being aggrieved by said judgment, petitioner has preferred Criminal Appeal No. 900/2000 before this Court, which is pending adjudication. Owing to his conviction in the case involving misap
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.
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 limited to errors apparent on the face of the record and cannot be used to reargue the merits of a case.
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