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Non-consideration of a disputed document is not a ground to seek review

Karnataka High Court: While passing the order in a review petition filed under Order 47, Rule 1 of CPC praying to review the order passed in a writ appeal, a two- Judge Bench comprising of Subhro Kamal Mukherjee, CJ and Ravi Malimath, J. held that non-consideration of a disputed document is not a ground to seek the review of the order.

The petition was filed for review of the order passed by the High Court in a writ application. Learned counsel for the petitioner contended that the Court committed an error in taking into consideration the mahazar, which was a disputed document. The Court rejecting the contention of the petitioner held that it is not a valid ground to seek review. On the above reasoning the Court rejected the petition and denied any relief to the petitioner. [N.M. Shashikala v. The Deputy Director, Review Petition No. 370 of 2016 in W.A. No. 1047 0f 2016 (GM-RES), dated August 11, 2017]

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