Order XLVII CPC | Erroneous View Of Law Not A Ground For Review: Jammu & Kashmir High Court

The Jammu & Kashmir and Ladakh has reiterated that an erroneous view of law is not a ground for review and a court cannot rehear and correct an erroneous judgment by way of a review.

A bench comprising Justice Sanjay Dhar passed the observation while hearing a petition seeking review of judgment passed by it, last year on December 23, 2022 whereby Civil First Appeal filed by the petitioners against the judgment and decree passed by the Additional District Judge, Srinagar had been dismissed.

Before deliberating on the contentions raised in the revision petition, Justice Dhar observed that review of a judgment under Order XLVII can be made only when it is shown by the aggrieved person that a new and important matter and evidence which, after exercise of due diligence, was not within his knowledge or could not be produced by him, has been discovered or if there is some mistake or error apparent on the face of record or for any other sufficient reason which has to be a reason analogous to the first two reasons.

While looking for these preconditions as prescribed under Order XLVII to invoke its powers of review, the court noted that review petitioners intend that the court re-appreciate the evidence led by the parties before the trial court.

Commenting on the grounds of review projected in the petition, the bench observed that the petitioners have throughout pleaded and contended that the High Court has not properly appreciated the statements of the witnesses recorded before the trial court.

"I am afraid the scope of review cannot be extended to re-appreciation of the evidence led by the parties before the trial court nor can this Court, in exercise of its power of review, sit over its own judgment regarding interpretation of a document," Justice Dhar explained.

Observing that the petitioners under the garb of filing the instant petition are trying to persuade the Court to entertain Second Appeal against the judgment passed by the trial court, the bench said that the same is impermissible in law and it cannot rehear the issues that have already been decided.

Elaborating further the bench observed that even if it is assumed that the view taken by this Court on any point or any issue is not correct, the same cannot be a ground for review of the judgment, though it may be a ground for appeal. An erroneous view of law is not a ground for review and a Court cannot rehear and correct an erroneous judgment by way of a review, Justice Dhar underscored.

In view of the said legal position the bench could not appreciate any merit in the review petition and accordingly dismissed the same.

Case Title: Mst Haleema & Ors Vs Mst Dilshada & Ors.

Citation: 2023 LiveLaw (JKL) 64

Counsel For Petitioner: Mr. Shabir Ahmad Budoo

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