Erroneous Appreciation Of Pleadings Or Wrong Assumption Of The Contentions Cannot Be A Ground For Review: Kerala HC [Read Order]

The Kerala High Court has observed that an alleged erroneous appreciation of the pleadings or wrong assumption of the contentions in a judgment cannot be a ground for review.

The Court was considering a review petition filed by Inspectors of CGST and CX, in which they contended that the judgment was rendered based on erroneous appreciation of the pleadings and wrong assumption with respect to the contentions.

While considering this contention, the bench comprising Justice CT Ravikumar and Justice VG Arun referred to M/s. Thungabhadra Industries Limited v. The Government of Andhra Pradesh [AIR 1964 SC 1372] which explains the distinction between a mere erroneous decision and a decision which could be characterized as vitiated by "error apparent".

The bench also referred to another judgment of the Apex Court in Parsion Devi v. Sumitri Devi which had held that it is not permissible for an erroneous decision to be reheard and corrected in exercise of the jurisdiction under Order XLVII Rule 1 and that, a review petition cannot be allowed to be an appeal in disguise. Dismissing the review petitions, the bench said:

"A conspectus of the decisions rendered by the Apex Court, on the limited scope for exercise of review jurisdiction, makes it abundantly clear that an alleged erroneous appreciation of the pleadings or wrong assumption of the contentions cannot be a ground for review. The grounds raised in the review petitions are grounds that ought to be raised in an appeal. The review petitions are nothing, but an appeal in disguise." 

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