The Delhi high Court has observed that while seeking review of orders passed in a civil suit, the grounds stated in Order XLVII Rule 1 of the Code has to be met.
Factual Background
The Court was dealing with a review petition has instituted by the petitioner against an order dated 7 th January, 2022.
In the present case, the petitoner’s order allowing in part the application moved by the respondent under Order XI Rules 2 and 14 of CPC was liable to be reviewed, as erroneous directions were issued on the basis of erroneous understanding of the facts in the matter.
Observation of the Court
Justice Asha Menon added that a re- hearing and re – appraisal of the material on record including pleadings, would fall within the scope of appeal and not review.
“Errors has to be error apparent on the face of the record to attract the provisions of Order XLVII Rule 1 of the CPC and must be patent error which alone can be looked into the review proceedings”, the Court said.
The Bench further observed that an error which is not self-evident and has to be detected by the process of reasoning cannot be described as an error apparent on the face of the record, justifying Court exercising the power of review.
“The Petitioner cannot seek in review, the same relief which had been sought at the time of arguing of the main master and which had been rejected. Fresh and additional material cannot be pressed into service to seek review of an order. Minor mistakes of inconsequential importance are insufficient to \ seek a review. Only when circumstances of a substantial and compelling character make it necessary to do so, can review be sought”, the Court said. Accordingly, the review petition was dismissed.
Case Details
Before: Delhi High Court
Case Title: Koninklijke Philips N.V.v. Vivo Mobile Communication CO.LTD. & ORS.
Coram: Hon’ble Mr. Justice Asha Menon
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