Punjab and Haryana High Court

Punjab and Haryana High Court: Fateh Deep Singh, J., dismissed a review application on the ground that no mistake or error was found on the records which would be self-evident, and any interpretation put forth by the applicant cannot be considered at this juncture according to Order 47 Rule 1 of Code of Civil Procedure, 1908 (‘CPC’).

Order 47 Rule 1 states that a judgment/ order could be sought only if there is a discovery of new and important matters/ evidence which was not in the knowledge of the applicant even after due diligence and if the same was not produced by the applicant at the time judgment/ decree was passed or there was some mistake or error on the face of record.

The applicant made assailments on merits and interpretation of the evidence over the family settlement dated 15-03-1985, 17-07-1995 and 29-03-1997. The applicant has laid challenge over the documents in question executed between them on merits which is not permissible. Another argument was that self-contradictions and self- defeating stands cannot be taken into consideration.

The respondent relied on Sasi v. Aravindakshan Nair, (2017) 4 SCC 692 and Parsion Devi v. Sumitri Devi, (1997) 8 SCC 715, where the Supreme Court laid down that a review application cannot be disguised as an appeal for getting an incorrect decision reheard and corrected. It was also held that to rectify any patent error on the records, a review has to be filed within the ambit of Order 47 Rule 1 of the Code.

In the present case, the issue was whether an application be made to reheard and correct an erroneous decision outside the ambit of Order 47 Rule 1The Court after perusal of the arguments advanced held that there was no such mistake or error on the face of the record and no merit was found. Hence, the application was dismissed.

[Paramjit Singh v. Gurdial Singh, 2022 SCC OnLine P&H 1637, decided on 05-07-2022]

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