Shiv Shankar vs Mohd.Anis
2021 Latest Caselaw 7821 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- CIVIL REVISION No. - 163 of 1991
 
Revisionist :- Shiv Shankar
 
Opposite Party :- Mohd.Anis
 
Counsel for Revisionist :- B.D.Mandhyan
 
Counsel for Opposite Party :- S.N.Gupta
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

(Ref: Civil Misc. Review Application)

1. This is an application for review of the judgment dated 11.11.1993.

2. Having gone through the same, basically I find that learned counsel for review applicant is seeking review of judgment by arguing the case on merits, which in my view is not permissible in law. An application for review cannot be treated to be an opportunity to argue the case on merits afresh. In the garb of a review application, re-argument on merits of the case cannot be allowed.

3. In Rajendra Kumar Vs. Rambai, AIR 2003 SC 2095, the Apex Court has observed about limited scope of judicial intervention at the time of review of the judgment and said:

"The limitations on exercise of the power of review are well settled. The first and foremost requirement of entertaining a review petition is that the order, review of which is sought, suffers from any error apparent on the face of the order and permitting the order to stand will lead to failure of justice. In the absence of any such error, finality attached to the judgement/order cannot be disturbed."

4. Review is not an appeal in disguise. Rehearing of the matter is impermissible in the garb of review. It is an exception to the general rule that once a judgment is signed or pronounced, it should not be altered. In Lily Thomas Vs. Union of India AIR 2000 SC 1650, the Court said that power of review can be exercised for correction of a mistake and not to substitute a new. Such powers can be exercised within limits of the statute dealing with the exercise of power. The aforesaid view is reiterated in Inderchand Jain VS. Motilal (2009) 4 SCC 665.

5. In view of above, since no ground for review is made out, the review application is rejected.

Order Date :- 12.7.2021/Mukesh