Error Which Has To Be Detected By Long Drawn Process Of Reasoning Is Not An 'Error Apparent On The Face Of Record' For Review : Supreme Court

The Supreme Court observed that an error which is not self-evident and has to be detected by a process of reasoning, can hardly be said to be an error apparent on the face of record.

An error on the face of record must be such an error which, mere looking at the record should strike and it should not require any long-drawn process of reasoning on the points where there may conceivably be two opinions, the bench of Justices B R Gavai and Vikram Nath observed.

The court observed thus while dismissing a review petition filed against its judgment in an arbitration matter (Gemini Bay Transcription Pvt. Ltd. vs. Integrated Sales Service Ltd. & Anr)

It noted that all the grounds taken in the review have been discussed in detail and findings returned not accepting the claim of the Review Petitioner. The court also added that a power to review cannot be exercised as an appellate power and has to be strictly confined to the scope and ambit of Order XLVII Rule 1 CPC.

"Each and every argument having been considered by this Court in its judgment dated 10.08.2021, the arguments advanced if accepted would result in expressing a different opinion on the points raised and decided, which we are afraid do not fall within the settled contours of Order XLVII Rule 1 CPC relating to error apparent on the face of record. The other grounds of invoking the review power are neither existing nor have been raised in the present petitions."

Headnotes

Arun Dev Upadhyaya vs Integrated Sales Service Ltd. | 2023 LiveLaw (SC) 506 | R.P. (C) NOS. 1273-1274/2021 | 5 July 2023 | 

Headnotes

Code of Civil Procedure, 1908 ; Section 114 ; Order XLVII Rule 1 - Supreme Court Rules, 2013 ; Order XLVII of Part-IV - An error which is not self-evident and has to be detected by a process of reasoning, can hardly be said to be an error apparent on the face of record - An error on the face of record must be such an error which, mere looking at the record should strike and it should not require any long-drawn process of reasoning on the points where there may conceivably be two opinions. (Para 9-15)

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