Ramkumar vs Sukwaro Bai @ Kunj Bai
2025 Latest Caselaw 1394 Chatt

Chattisgarh High Court

Ramkumar vs Sukwaro Bai @ Kunj Bai on 23 January, 2025

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                                                                    2025:CGHC:4287


                                                                               NAFR

                    HIGH COURT OF CHHATTISGARH AT BILASPUR


                                     REVP No. 5 of 2025

            Ramkumar        S/o   Punau    Aged About      53   Years   Occupation-
            Agriculturist, R/o Ward No.- 1, Matapara Navagarh, Tahsil-
            Navagarh, District- Bemetara (C.G.)
                                                                 ... Petitioner(s)
                                             versus
            1 - Sukwaro Bai @ Kunj Bai W/o Umashankar Aged About 68 Years
            Caste- Satnami, Occupation- House Wife, R/o Ward No. 1 Matapara
            Navagarh, District- Bemetara (C.G.) (Plaintiff)


            2 - State Of Chhattisgarh Through- Collector, Bemetara, District-
            Bemetara (C.G.)
                                                                 ... Respondent(s)

For Applicant : Mr. Vaibhav A. Goverdhan For State : Ms. Mukta Tripathi, Panel Lawyer

S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 23/01/2025

1. This review petition is filed seeking review of the judgment dated Digitally signed by 28.11.2024 passed in Second Appeal No.361 of 2022 whereby PRAVEEN KUMAR SINHA second appeal preferred by the petitioner/appellant came to be

dismissed.

2. Learned counsel for the petitioner/appellant submits that the

judgment sought to be reviewed is passed without proper

appreciation of evidence of PW-1 and the other documentary

evidence.

3. Considered the submission of learned counsel for the

petitioner/appellant.

4. The ground raised seeking review of the judgment dated 28.11.2024

is subject matter of appeal and it cannot be considered in the review

jurisdiction. Scope of review as provided under Order 47 Rule 1 of

CPC is very limited.

5. In the case of Asharfi Devi (dead) through LRs Vs. State of Uttar

Pradesh and Ors. reported in (2019) 5 SCC 86, Hon'ble Supreme

Court held thus:

"18. It is a settled law that every error whether factual or legal cannot be made subject matter of review under Order 47 Rule 1 of the Code though it can be made subject matter of appeal arising out of such order. In other words, in order to attract the provisions of Order 47 Rule 1 of the Code, the error/mistake must be apparent on the face of the record of the case."

6. In view of the above, I do not find any merit in this review petition to

review the order passed in second appeal in exercise of review

jurisdiction.

7. The review petition is accordingly dismissed.

Sd/-Sd/-

(Parth Prateem Sahu) Judge Praveen