[Cites 23, Cited by 0]

Kerala High Court

Hema Purushothaman vs Union Of India on 23 January, 2026

RP NO. 1439 OF 2025 in WA NO.1451 OF 2025




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                                                                              2026:KER:5470


                           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                            PRESENT

                  THE HONOURABLE MR. JUSTICE SUSHRUT ARVIND DHARMADHIKARI

                                               &

                         THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

                     FRIDAY, THE 23RD DAY OF JANUARY 2026 / 3RD MAGHA, 1947

                                       RP NO. 1439 OF 2025

           AGAINST THE JUDGMENT DATED 06.10.2025 IN WA NO.1451 OF 2025 OF HIGH COURT OF KERALA


REVIEW PETITIONER/S:

                 HEMA PURUSHOTHAMAN, AGED 61 YEARS
                 W/O.EX-L/NK P.K. PURUSHOTHAMAN, PANAGAMKUNNEL HOUSE,
                 NEDUMKUNNAM.P.O., KOTTAYAM DISTRICT, KERALA, PIN - 686542

                 BY ADV SRI.V.R.GOPU


RESPONDENT/S:

       1         UNION OF INDIA, REPRESENTED BY HOME SECRETARY, MINISTRY OF HOME AFFAIRS,
                 GOVERNMENT SECRETARIAT, NEW DELHI, PIN - 110001

       2         THE DIRECTOR GENERAL
                 BORDER SECURITY FORCE, C.G.O COMPLEX, LODHI ROAD, NEW DELHI, PIN - 110005

       3         THE OFFICER COMMANDANT
                 O/O COMMANDANT, HEADQUARTERS, 12 BATTALION, BORDER SECURITY FORCE,
                 SHIKAR, DERABABANANAK, GURDASPUR (PUNJAB)., PIN - 143506

                 BY ADV SHRI.V. GIRISHKUMAR, SENIOR PANEL COUNSEL

       THIS REVIEW PETITION HAVING RESERVED ON 03.12.2025, THE COURT ON 23.01.2026 DELIVERED
THE FOLLOWING:
 RP NO. 1439 OF 2025 in WA NO.1451 OF 2025




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                                                                2026:KER:5470



                                            ORDER

Sushrut Arvind Dharmadhikari, J.

The present Review Petition is filed under Order XLVII Rule 1 read

with Section 114 of the Code of Civil Procedure seeking review of the

judgment dated 06.10.2025 passed in W.A. No. 1451/2025, by which the

writ appeal came to be dismissed on the ground of delay and laches.

2. The brief facts of the case are that the petitioner is the wife of

Late L/NK P.K. Purushothaman. The petitioner's husband joined the

Border Security Force (BSF) on 02.02.1981. He was dismissed from

service by the Summary Security Force Court (SSFC) under Section 16(b)

of the Border Security Force Act vide order dated 02.08.1999. Aggrieved

thereby, he preferred a statutory appeal before the Appellate Authority,

which came to be dismissed vide order dated 02.08.1999. Thereafter, he

filed an appeal before the Government. As the said appeal was not being

decided, he approached this Court by filing O.P. No. 29270/2000 seeking

a direction to the authorities to consider and pass appropriate orders. RP NO. 1439 OF 2025 in WA NO.1451 OF 2025

2026:KER:5470

Vide judgment dated 18.10.2000, the said Original Petition was disposed

of with a direction to decide the appeal as expeditiously as possible. The

statutory appeal was thereafter dismissed in the year 2000.

2.1 These orders were never challenged by the petitioner's

husband during his lifetime, and he died on 23.09.2006. The petitioner,

being the wife of the deceased employee, filed the writ petition in the

year 2021 challenging the order of dismissal passed in the year 1999 and

the appellate orders, which had not been challenged earlier by her

husband. The petitioner also claimed family pension.

2.2 Being aggrieved, the petitioner filed W.P.(C) No. 7528/2021.

The learned Single Judge came to the conclusion that the petitioner's

husband had not chosen to challenge the orders during his lifetime and

that the said orders had attained finality long ago. It was also noted that,

admittedly, after his dismissal from service, the petitioner's husband

was not receiving any pension. There was an inordinate delay of nearly

20 years in approaching the writ court.

RP NO. 1439 OF 2025 in WA NO.1451 OF 2025

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3. The learned counsel for the petitioner submitted that this

Bench dismissed the writ appeal overlooking the fact that the petitioner

is a widow claiming statutory family pension, which constitutes a

recurring and continuing right and, therefore, does not get extinguished

by lapse of time. It was further contended that this Bench committed

mistakes and errors apparent on the face of the record, warranting

review of the judgment under Order XLVII Rule 1 of the Code of Civil

Procedure.

3.1 The learned counsel relied on the judgments of the Supreme

Court in Balakrishna S.P. Waghmare v. Shree Dhyaneshwar Maharaj

Sansthan 1 and Union of India v. Tarsem Singh 2 contending that delay

cannot defeat a continuing injury or a recurring claim such as pension,

particularly where no third-party rights are affected. Reliance was also

placed on M.R. Gupta v. Union of India 3 , wherein the appellant had

AIR 1959 SC 798

(2008) 8 SCC 648

1995 (5) SCC 628 RP NO. 1439 OF 2025 in WA NO.1451 OF 2025

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approached the Court with a grievance relating to his initial pay fixation

with effect from 01.08.1978, which claim was rejected on the ground that

it was raised after eleven years. The Supreme Court, applying the

principles of continuing wrong and recurring wrongs, reversed the

decision. It was submitted that the said principles ought to have been

applied by this Bench and that the prayer made in the writ petition

ought to have been considered on merits.

3.2 The petitioner had been making continuous representations

before the BSF authorities seeking reconsideration of the order of

dismissal and release of pensionary benefits. It was further contended

that this Bench failed to consider the petitioner's case on humanitarian

grounds. The learned counsel submitted that errors apparent on the face

of the record have crept into the impugned order and, therefore, the

same warrants review.

4. Per contra, the learned counsel appearing for the respondent

opposed the prayer and submitted that the petitioner's husband was RP NO. 1439 OF 2025 in WA NO.1451 OF 2025

2026:KER:5470

dismissed from service with effect from 02.08.1999 and that he never

challenged the order of dismissal during his lifetime until his death on

23.09.2006. Even thereafter, the petitioner remained silent until the year

2021 and only then challenged the dismissal order passed in the year

1999, seeking both setting aside of the dismissal order and grant of

family pension. The learned Single Judge dismissed the writ petition on

the ground of inordinate delay. This Bench, while dismissing the writ

appeal, had considered various judgments of the Supreme Court,

including those relating to pensionary benefits being a recurring cause

of action. However, since the petitioner's husband was dismissed from

service in 1999, the said order ought to have been challenged within a

reasonable time and not after a lapse of more than 20 years. On these

grounds, it was submitted that the review petition deserves to be

dismissed.

5. Heard the learned Counsel for the parties and perused the

records.

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6. Section 114 of the Code of Civil Procedure, which is the

substantive provision governing the power of review, provides as

follows:

"Review:- Subject as aforesaid, any person considering himself aggrieved:-

(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred;

(b) by a decree or order from which no appeal is allowed by this Code; Or

(c) by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the court which passed the decree or made the order, and the court may make such order thereon as it thinks fit."

7. The grounds available for filing a review application against

a judgment are set out in Order XLVII of the Code of Civil Procedure in

the following terms:

"I. Application for review of judgment (1) Any person considering himself aggrieved -

(a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred,

(b) by a decree or order from which no appeal is allowed, or RP NO. 1439 OF 2025 in WA NO.1451 OF 2025

2026:KER:5470

(c) by a decision on a reference from a Court of Small Causes, and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on the face of the record, or for any other sufficient reason, desires to obtain a review of the decree passed or order made against him, may apply for a review of judgment to the Court which passed the decree or made the order. (2) A party who is not appealing from a decree or Order may apply for a review of judgment notwithstanding the pendency of an appeal by some other party except where the ground of such appeal is common to the applicant and the appellant, or when, being respondent, he can present to the Appellate Court the case on which he applies for the review.

[Explanation-The fact that the decision on a question of law on which the judgment of the Court is based has been reversed or modified by the subsequent decision of a superior Court in any other case, shall not be a ground for the review of such judgment."

8. A perusal of the aforesaid provisions makes it clear that a

review application is maintainable on any of the following grounds: (i)

discovery of new and important matter or evidence which, after the

exercise of due diligence, was not within the knowledge of the applicant RP NO. 1439 OF 2025 in WA NO.1451 OF 2025

2026:KER:5470

or could not be produced at the time when the decree was passed or the

order was made; (ii) existence of some mistake or error apparent on the

face of the record; or (iii) for any other sufficient reason.

9. In Col. Avatar Singh Sekhon v. Union of India and Others4 , the

Apex Court observed that a review of an earlier order cannot be

undertaken unless the Court is satisfied that a material error, apparent

on the face of the order, would result in a miscarriage of justice or

undermine its soundness. The observations of the Court are as follows:

"12. A review is not a routine procedure. Here we resolved to hear Shri Kapil at length to remove any feeling that the party has been hurt without being heard. But we cannot review our earlier order unless satisfied that material error, manifest on the face of the order, undermines its soundness or results in miscarriage of justice. In Sow Chandra Kante and Another v. Sheikh Habib reported in (1975) 1 SCC 674, this Court observed:

"A review of a judgment is a serious step and reluctant resort to it is

proper only where a glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibility. The present stage is not a virgin ground but review of an earlier order which has the normal feature

1980 Supp SCC 562 RP NO. 1439 OF 2025 in WA NO.1451 OF 2025

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of finality."

(emphasis added)

10. In Parsion Devi and Others v. Sumitri Devi and Others 5 , the

Apex Court, while stating that an error which is not self-evident and has

to be detected by a process of reasoning cannot be described as an error

apparent on the face of the record for the Court to exercise its powers of

review, held as follows:

"7. It is well settled that review proceedings have to be strictly confined to the ambit and scope of Order 47 Rule 1 CPC.6 Thungabhadra Industries Ltd. v. Govt. of A.P.1 reported in 1964 SCR (5) 174, this Court opined:

'11. What, however, we are now concerned with is whether the statement in the order of September 1959 that the case did not involve any substantial question of law is an 'error apparent on the face of the record'. The fact that on the earlier occasion the Court held on an identical state of facts that a substantial question of law arose would not per se be conclusive, for the earlier order itself might be erroneous. Similarly, even if the statement was wrong, it would not follow that it was an 'error apparent on the face of the record', for there is a distinction which is real, though it might not always be capable of exposition, between a mere erroneous decision and a decision which could be characterized as vitiated by 'error apparent'. A review is by no means an appeal in disguise

(1997) 8 SCC 715 RP NO. 1439 OF 2025 in WA NO.1451 OF 2025

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whereby an erroneous decision is reheard and corrected, but lies only for patent error.'

8. Again, in Meera Bhanja v. Nirmala Kumari Choudhury reported in (1995) 1 SCC 170, while quoting with approval a passage from Aribam Tuleshwar Sharma v. Aribam Pishak Sharma reported in (1979) 4 SCC 389, this Court once again held that review proceedings are not by way of an appeal and have to be strictly confined to the scope and ambit of Order 47 Rule 1 CPC.

9. 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 of review under Order 47 Rule 1 CPC. In exercise of this 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 a limited purpose and cannot be allowed to be 'an appeal in disguise"

[emphasis added]

11. The error referred to under the Rule must be apparent on the

face of the record and not one which has to be discovered or inferred. It

is also settled law that, in exercise of review jurisdiction, the Court RP NO. 1439 OF 2025 in WA NO.1451 OF 2025

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cannot re-appreciate the evidence to arrive at a different conclusion,

even if two views are possible in the matter. In Kerala State Electricity

Board v. Hitech Electrothermics & Hydropower Ltd. and Others6, the Apex

Court observed as follows:

"10. ....In a review petition it is not open to this Court to reappreciate the evidence and reach a different conclusion, even if that is possible. Learned counsel for the Board at best sought to impress us that the correspondence exchanged between the parties did not support the conclusion reached by this Court. We are afraid such a submission cannot be permitted to be advanced in a review petition. The appreciation of evidence on record is fully within the domain of the appellate court. If on appreciation of the evidence produced, the court records a finding of fact and reaches a conclusion, that conclusion cannot be assailed in a review petition unless it is shown that there is an error apparent on the face of the record or for some reason akin thereto. It has not been contended before us that there is any error apparent on the face of the record. To permit the review petitioner to argue on a question of appreciation of evidence would amount to converting a review petition into an appeal in disguise."

(emphasis added)

(2005) 6 SCC 651 RP NO. 1439 OF 2025 in WA NO.1451 OF 2025

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12. Under the guise of filing a review petition, a party cannot be

permitted to repeat old or already considered arguments for reopening

the conclusions arrived at in a judgment. The power of review is distinct

from the appellate power, which enables a superior Court to correct

errors committed by a subordinate Court. This principle has been

elucidated in Jain Studios Ltd. V. Shin Satellite Public Co. Ltd.7, where the

Court held as follows:

"11. So far as the grievance of the applicant on merits is concerned, the learned counsel for the opponent is right in submitting that virtually the applicant seeks the same relief which had been sought at the time of arguing the main matter and had been negatived. Once such a prayer had been refused, no review petition would lie which would convert rehearing of the original matter. It is settled law that the power of review cannot be confused with appellate power which enables a superior court to correct all errors committed by a subordinate court. It is not rehearing of an original matter. A repetition of old and overruled argument is not enough to reopen concluded

(2006) 5 SCC 501 RP NO. 1439 OF 2025 in WA NO.1451 OF 2025

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adjudications. The power of review can be exercised with extreme care, caution and circumspection and only in exceptional cases.

12. When a prayer to appoint an arbitrator by the applicant herein had been made at the time when the arbitration petition was heard and was rejected, the same relief cannot be sought by an indirect method by filing a review petition. Such petition, in my opinion, is in the nature of 'second innings' which is impermissible and unwarranted and cannot be granted."

(emphasis added)

13. After discussing a series of decisions on review jurisdiction in

Kamlesh Verma v. Mayawati and Others8, the Apex Court observed that

review proceedings must be strictly confined to the scope and ambit of

Order XLVII Rule 1, CPC. As long as the point sought to be raised in the

review application has already been considered and answered, parties

are not entitled to challenge the impugned judgment merely because an

alternative view is possible. The principles governing the exercise of

review jurisdiction were succinctly summarized in the said case as

follows:

(2013) 8 SCC 320 RP NO. 1439 OF 2025 in WA NO.1451 OF 2025

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"20. Thus, in view of the above, the following grounds of review are maintainable as stipulated by the statute:

20.1. When the review will be maintainable:

(i) Discovery of new and important matter or evidence which, after the exercise of due diligence, was not within knowledge of the petitioner or could not be produced by him;

(ii) Mistake or error apparent on the face of the record;

(iii) Any other sufficient reason.

The words "any other sufficient reason" has been interpreted in Chajju Ram vs. Neki17, and approved by this Court in Moran Mar Basselios Catholicos vs. Most Rev. Mar Poulose Athanasius & Ors.18 to mean "a reason sufficient on grounds at least analogous to those specified in the rule". The same principles have been reiterated in Union of India v. Sandur Manganese & Iron Ores Ltd. & Ors reported in (2013) 8 SCC 337, 20.2. When the review will not be maintainable:

(i) A repetition of old and overruled argument is not enough to reopen concluded adjudications.

(ii) Minor mistakes of inconsequential import.

(iii) Review proceedings cannot be equated with the original hearing of the case.

(iv) Review is not maintainable unless the material error, manifest on the face of the order, undermines its soundness or results in miscarriage of justice.

RP NO. 1439 OF 2025 in WA NO.1451 OF 2025

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(v) A review is by no means an appeal in disguise whereby an erroneous decision is re-heard and corrected but lies only for patent error.

(vi) The mere possibility of two views on the subject cannot be a ground for review.

(vii) The error apparent on the face of the record should not be an error which has to be fished out and searched.

(viii) The appreciation of evidence on record is fully within the domain of the appellate court, it cannot be permitted to be advanced in the review petition.

(ix) Review is not maintainable when the same relief sought at the time of arguing the main matter had been negatived."

14. In Aribam Tuleshwar Sharma v. Aribam Pishak Sharma9, the

Apex Court examined an order passed by the Judicial Commissioner

reviewing an earlier judgment that had gone in favour of the appellant.

The review application had been filed by the respondents, who

contended that the predecessor Court had overlooked two important

documents showing that the respondents were in possession of the sites

through which the appellant sought easementary rights to access his

(1979) 4 SCC 389 RP NO. 1439 OF 2025 in WA NO.1451 OF 2025

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homestead. The said appeal was allowed by this Court with the following

observations:

"3... It is true as observed by this Court in Shivdeo Singh and Others v. State of Punjab reported in (1979) 4 SCC 389 there is nothing in Article 226 of the Constitution to preclude a High Court from exercising the power of review which inheres in every court of plenary jurisdiction to prevent miscarriage of justice or to correct grave and pulpable errors committed by it. But, there are definitive limits to the exercise of the power of review. The power of review may be exercised on the discovery of new and important matter or evidence which, after the exercise of due diligence was not within the knowledge of the person seeking the review or could not be produced by him at the time when the order was made; it may be exercised where some mistake or error apparent on the face of the record is found; it may also be exercised on any analogous ground. But, it may not be exercised on the ground that the decision was erroneous on merits. That would be the province of a court of appeal. A power of review is not to be confused with appellate power which may enable an appellate court to correct all manner of errors committed by the subordinate court."

(emphasis added)

15. In State of West Bengal and Others v. Kamal Sengupta and RP NO. 1439 OF 2025 in WA NO.1451 OF 2025

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Another 10 , the Apex Court emphasized that a review petitioner

approaching the Court on the ground of discovery of a new matter or

evidence must demonstrate that such matter or evidence was not within

his knowledge earlier, and held as follows:

"21. At this stage it is apposite to observe that where a review is sought on the ground of discovery of new matter or evidence, such matter or evidence must be relevant and must be of such a character that if the same had been produced, it might have altered the judgment. In other words, mere discovery of new or important matter or evidence is not sufficient ground for review ex debito justitiae. Not only this, the party seeking review has also to show that such additional matter or evidence was not within its knowledge and even after the exercise of due diligence, the same could not be produced before the court earlier."

(emphasis added)

16. In the captioned judgment, the term 'mistake or error

apparent' has been discussed in the following words:

"22. The term 'mistake or error apparent' by its very connotation signifies an error which is evident per se from the record of the case and does not require detailed examination, scrutiny and elucidation

(2008) 8 SCC 612 RP NO. 1439 OF 2025 in WA NO.1451 OF 2025

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either of the facts or the legal position. If an error is not self-evident and detection thereof requires long debate and process of reasoning, it cannot be treated as an error apparent on the face of the record for the purpose of Order 47 Rule 1 CPC or Section 22(3) (f) of the Act. To put it differently an order or decision or judgment cannot be corrected merely because it is erroneous in law or on the ground that a different view could have been taken by the court/tribunal on a point of fact or law. In any case, while exercising the power of review, the court/tribunal concerned cannot sit in appeal over its judgment/decision."

(emphasis added)

17. In S. Nagaraj and Others v. State of Karnataka and Another11,

the Apex Court explained the circumstances under which review

jurisdiction may be treated as statutory or inherent, and held as follows:

"18. Justice is a virtue which transcends all barriers. Neither the rules of procedure nor technicalities of law can stand in its way. The order of the court should not be prejudicial to anyone. Rule of stare decisis is adhered for consistency but it is not as inflexible in Administrative Law as in Public Law. Even the law bends before justice. Entire concept of writ jurisdiction exercised by the higher courts is founded on equity and fairness. If the court finds that the order was passed under a mistake

1993 Supp (4) SCC 595 RP NO. 1439 OF 2025 in WA NO.1451 OF 2025

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and it would not have exercised the jurisdiction but for the erroneous assumption which in fact did not exist and its perpetration shall result in miscarriage of justice then it cannot on any principle be precluded from rectifying the error. Mistake is accepted as valid reason to recall an order. Difference lies in the nature of mistake and scope of rectification, depending on if it is of fact or law. But the root from which the power flows is the anxiety to avoid injustice. It is either statutory or inherent. The latter is available where the mistake is of the Court."

(emphasis added)

18. In Patel Narshi Thakershi and Others v. Shri Pradyuman

Singhji Arjunsinghji12, the Apex Court held as follows:

"4..... It is well settled that the power to review is not an inherent power. It must be conferred by law either specifically or by necessary implication. No provision in the Act was brought to notice from which it could be gathered that the Government had power to review its own order. If the Government had no power to review its own order, it is obvious that its delegate could not have reviewed its order......."

(emphasis added)

19. In Ram Sahu (Dead) Through LRs and Others v. Vinod Kumar

(1971) 3 SCC 844 RP NO. 1439 OF 2025 in WA NO.1451 OF 2025

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Rawat and Others13, the Apex Court, while citing previous decisions and

expounding on the scope and ambit of Section 114 read with Order XLVII

Rule 1 CPC, observed that Section 114 CPC does not lay down any

conditions precedent for the exercise of the power of review, nor does it

prohibit the Court from exercising such power. However, an order can

be reviewed by the Court only on the grounds prescribed under Order

XLVII Rule 1 CPC. The said power cannot be exercised as an inherent

power, nor can appellate power be invoked under the guise of review