BENCH AT AURANGABAD
R. M. Joshi, J
Shri Bharat Deorao Pawar – Appellant
Versus
Shantabai Ashok Pawar & others – Respondent
Review Application No. 241 of 2023 in Second Appeal No. 989 of 2022
| Table of Content |
|---|
| 1. review applications must identify errors in judgments. (Para 1 , 3) |
| 2. review cannot be used to re-argue settled issues. (Para 5 , 6) |
| 3. high court's jurisdiction affirmed regarding legal determinations. (Para 7 , 8) |
| 4. no apparent error found, application dismissed. (Para 9 , 10) |
1. This application is fled under Section 114 of read with Order XLVII of Code of Civil Procedure for review of judgment dated 25th April, 2023, passed in Second Appeal No. 990/2022.
2. At the outset, it needs to be recorded that at stage of admission by consent of both sides, appeal was decided after answering substantial question of law framed.
3. Applicant is appellant in the second appeal. Present application for review of the impugned order is sought on following three points :-
(i) That this Court has not dealt with the submissions made by learned counsel for the appellant with regard to Order VII Rule 11 of Code of Civil Procedure that non-grant of relief amounts to rejection thereof.
(ii) That the issue raised about protection of transaction prior to amendment to Section 6 of Hindu Succession Act has not been dealt with and decided.
(iii) Without fling any appeal or cross-objection fndings recorded by the Appellate Court on the point of provisions of Hindu Minority and Guardinaship Act are reversed erroneously.
4. In order to appreciate submissions, it would be relevant to take note of Section 114 and Order XLVII of Code of Criminal Procedure which read thus :-
Section 114 Review : Subject as aforesaid, any person considering himself aggrieved-
(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred, (b) by a decree or order from which no appeal is allowed by this Code' or (c) by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks ft Order XLVII : Review
1. Application for review of judgment – (1) Any person considering himself aggrieved,-
(a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred, (b) by a decree or order from which no appeal is allowed, or (c) by a decision on a reference from a Court of Small Causes, and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on the face of the record, or for any other suffcient reason, desires to obtain a review of the decree passed or order made against him, may apply for a review of judgment to the Court which passed the decree or made the order.
(2) x x x 2. x x x 3. x x x 4. x x x 5. x x x 6. x x x 7. x x x
5. The aforesaid provision clearly shows that review of any order / judgment is permissible in case error is shown on the face of its record or any new evidence is procured or hand is laid thereon which make fndings recorded unsustainable or for any suffcient reason. The law on the point of review thus is fairly settled. It is only in case where there is error apparent on the face of record is found in the order, the review is permissible. It is not permitted to re-agitate the issues which are dealt with in the judgment impugned or issues sought to be raised afresh. The Court, while dealing issuing the order is not expected to take upon it the task of assessment / re-assessement of the order impugned like the Appellate Court. Keeping in mind the provisions of law and the law settled with regard to review, present application is decided.
6. Applicant herein does not claim discovery of any new evidence being found in order to seek review of the order nor this is a case wherein for any other suffcient reason impugned judgment deserves to be reviewed. The only point remains for consideration is as to whether there
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