U.P. Madhyamik Shiksha Seva ... vs Kiran Tripathi And 12 Others
2022 Latest Caselaw 7986 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 
Case :- CIVIL MISC REVIEW APPLICATION No. - 140 of 2022
 
Applicant :- U.P. Madhyamik Shiksha Seva Chayan Board Allahabad
 
Opposite Party :- Kiran Tripathi And 12 Others
 
Counsel for Applicant :- Kushmondeya Shahi
 
Counsel for Opposite Party :- C.S.C.,Prakash Chandra Pathak,Ram Krishna Mishra
 

 
Hon'ble Pritinker Diwaker,J.

Hon'ble Ashutosh Srivastava,J.

This is a review application seeking review of the judgment and order dated 18.02.2022 passed by us in Special Appeal No.83 of 2022 (U.P. Madhyamik Shiksha Seva Chayan Board Allahabad Vs. Kiran Tripathi and 12 others) whereby the special appeal was dismissed lacking merit.

Having heard learned counsel for the applicant.

We find that there is no merit in the review application. Learned counsel for the applicant has not been able to point out any error apparent on the face of record so as to warrant an interference by us in the review application.

The scope of review is limited and under the guise of review, the petitioner cannot be permitted to reagitate and reargue the questions which have already been addressed and decided or have never been raised at all. The scope of review has been reiterated by the Apex Court from time to time. In the case of Parsion Devi vs. Sumitri Devi, [1997 (8) SCC 715] the Apex Court in Para-9 of the said decision has laid down as under:-

"Under Order 47 Rule 1 CPC a judgment may be open to review inter alia if there is a mistake or an error apparent on the face of the record. 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 the record justifying the court to exercise its power review under Order 47 Rule 1 CPC. In exercise of the jurisdiction under Order 47 Rule 1 CPC it is not permissible for an erroneous decision to be "reheard and corrected". A review petition, it must be remembered has limited purpose and cannot be allowed to be "an appeal in disguise".

We, thus, do not find any merit in this Review Application. It is, accordingly, dismissed.

Order Date :- 25.7.2022

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