Allahabad High Court
Mohammad Shabi And 8 Others vs State Of U.P. And 3 Others on 26 September, 2023
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:186037
Court No. - 48
Case :- CIVIL MISC REVIEW APPLICATION No. - 445 of 2023
Applicant :- Mohammad Shabi And 8 Others
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- A.P.Singh
Counsel for Opposite Party :- C.S.C.,Furquan Ahmad (Alvi),Rameshwar Prasad Shukla
Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri A.P. Singh, learned counsel for review petitioners.
2. This review petition is filed for reviewing the order dated 05.09.2023 passed in Writ B No. 2253 of 2023.
3. Learned counsel for review petitioners submits that certain arguments raised during hearing were not considered, therefore, an error apparent on law has been committed by this Court.
4. I have perused the order under review and I am satisfied that arguments raised were considered and its findings were returned and in case findings are contrary to law, that cannot be a ground to review the judgment and for reference, relevant paragraphs of S. Murali Sundaram vs. Jothibai Kannan and others, 2023 SCC Online SC 185 are quoted below -:
"15. While considering the aforesaid issue two decisions of this Court on Order 47 Rule 1 read with Section 114 CPC are required to be referred to? In the case of Perry Kansagra (supra) this Court has observed that while exercising the review jurisdiction in an application under Order 47 Rule 1 read with Section 114 CPC, the Review Court does not sit in appeal over its own order. It is observed that a rehearing of the matter is impermissible in law. It is further observed that review is not appeal in disguise. It is observed that power of review can be exercised for correction of a mistake but not to substitute a view. Such powers can be exercised within the limits of the statute dealing with the exercise of power. It is further observed that it is wholly unjustified and exhibits a tendency to rewrite a judgment by which the controversy has been finally decided. After considering catena of decisions on exercise of review powers and principles relating to exercise of review jurisdiction under Order 47 Rule 1 CPC this Court had summed upon as under:
?(i) Review proceedings are not by way of appeal and have to be strictly confined to the scope and ambit of Order 47 Rule 1 CPC.
(ii) Power of review may be exercised when some mistake or error apparent on the fact of record is found. But error on the face of record must be such an error which must strike one on mere looking at the record and would not require any longdrawn process of reasoning on the points where there may conceivably by two opinions.
(iii) Power of review may not be exercised on the ground that the decision was erroneous on merits.
(iv) Power of review can also be exercised for any sufficient reason which is wide enough to include a misconception of fact or law by a court or even an advocate.
(v) An application for review may be necessitated by way of invoking the doctrine actus curiae neminem gravabit.?
16. It is further observed in the said decision that an error which is required to be detected by a process of reasoning can hardly be said to be an error on the face of the record.
17. In the case of Shanti Conductors (P) Ltd. (supra), it is observed and held that scope of review under Order 47 Rule 1 CPC read with Section 114 CPC is limited and under the guise of review, the petitioner cannot be permitted to reagitate and reargue questions which have already been addressed and decided. It is further observed that an error which is not selfevident and has to be detected by a process of reasoning, can hardly be said to be an error apparent on the face of record justifying the court to exercise its power of review under Order 47 Rule 1 CPC."
In view of above, the review petitioners have failed to point out any factor which may be a ground for review, therefore, petition to review the order dated 05.09.2023 is liable to be dismissed and, accordingly, is dismissed.
Order Date :- 26.9.2023
Nirmal Sinha
