[Order 47 Rule 1 CPC] Review Lies Against Error Apparent On Record, Can't Be Disguised As Appeal For Re-Hearing: Punjab & Haryana High Court
The Punjab and Haryana High Court, while dealing with a review application in terms of Order 47 Rule 1 read with Section 114 CPC, held that question of relinquishment of share in the property by any of the parties cannot be commented upon in review petition. The bench comprising Justice Fateh Deep Singh further added that points of self-contradictions and self-defeating stands...
The Punjab and Haryana High Court, while dealing with a review application in terms of Order 47 Rule 1 read with Section 114 CPC, held that question of relinquishment of share in the property by any of the parties cannot be commented upon in review petition.
The bench comprising Justice Fateh Deep Singh further added that points of self-contradictions and self-defeating stands cannot be taken into consideration in a review application.
The court placed reliance on the judgements of Sasi (D) Through Lrs. Versus Aravindakshan Nair and Others 2017 (2) R.C.R. (Civil) 363 and Parsion Devi versus Sumitri Devi 1997 (4) R.C.R. (Civil) 458, wherein it is laid down by the Apex Court that a review cannot be allowed to disguise as an appeal to get an erroneous decision reheard and corrected. It was further held that a review has to be within the ambit of Order 47 Rule 1 CPC to rectify any error patent on the records.
…….and it is well settled law as has sought to be relied upon by counsel for the respondent who has cited the judgments titled as 'Sasi (D) Through Lrs. Versus Aravindakshan Nair and Others' 2017 (2) R.C.R. (Civil) 363 and 'Parsion Devi versus Sumitri Devi' 1997 (4) R.C.R. (Civil) 458; where the Apex Court has laid down that a review cannot be allowed to be disguised as an appeal for getting an erroneous decision reheard and corrected and has to be used within the ambit of Order 47 Rule 1 CPC to rectify any error patent on the records instead of assailing the orders on the appeals by this Court before the next Court the instant review has come about for a motivated cause.
Accordingly, the court concluded that it has not come across any mistake or an error apparent on the records in the instant case. Further, it noted that any such interpretation sought to be put forth by the applicant by process of reasoning cannot be considered at this juncture.
Therefore, the court dismissed the instant petition finding it sans merit.
Case Title: PARAMJIT SINGH THROUGH LRS V/S GURDIAL SINGH AND OTHERS
Citation: 2022 LiveLaw (PH) 183