Pappathi vs Mumtaj Begum
2023 Latest Caselaw 14896 Mad

Madras High Court

Pappathi vs Mumtaj Begum on 24 November, 2023

Author: D.Krishnakumar

Bench: D.Krishnakumar

                                                                                 Rev. Appl.No.35 of 2018

                                       IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                       DATED: 24.11.2023
                                                           CORAM:
                                  THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR


                                                   Rev. Appl.No.35 of 2018
                                                             in
                                                     SA.No.518 of 2017


                     Pappathi                                                  .. Applicant

                                                              Vs.


                     1. Mumtaj Begum
                     2. Kandan                                                 .. Respondents



                                  Review Application is filed under Order XLVII Rule 1 of CPC r/w
                     Section 114 of CPC to review the judgment and decree dated 09.08.2017
                     made in SA.No.518 of 2017 passed by the learned Single Judge of this
                     Court.




                                       For Applicant    : Mr.C.Prabakaran




                     Page No.1/4


https://www.mhc.tn.gov.in/judis
                                                                                        Rev. Appl.No.35 of 2018

                                                              ORDER

This Review Application has been filed to review the judgment and

decree passed by this Court in SA.No.518 of 2017, dated 09.08.2017.

2. After hearing the learned counsel for the applicant and on perusal

of materials available on record, it is seen that this Court had upheld the

decisions of the Court below and dismissed the second appeal. The

petitioner now under the guise of the review wants to re-argue the matter

afresh, which is not permissible under the law. There is no error apparent on

the face of the record that warrants a review of the order passed by this

Court in the second appeal.

3. In this context, it is useful to rely upon the decision of the Hon'ble

Supreme Court in Perry Kansagra V.Smriti Madan Kansagra reported in

(2019) 20 SCC 753, wherein, the Apex Court has held that, while exercising

the review jurisdiction in an application under Order 47 Rule 1 r/w Section

114 of CPC, the Review Court does not sit in appeal over its own order.

https://www.mhc.tn.gov.in/judis

Further it was observed that rehearing of the matter was impermissible in

law and the same cannot be considered as an appeal in disguise and the

power of review can be exercised for correction of a mistake, but not to

substitute a view.

4. In the light of the decision of the Hon'ble Supreme Court as cited

supra, the relief sought for the by the applicant to review the order passed by

this Court in SA.No.518 of 2017, dated 09.08.2017 cannot be entertained.

Accordingly, the present Review Application stands dismissed. No order as

to costs.

24.11.2023 Speaking Order: Yes / No pvs

https://www.mhc.tn.gov.in/judis

D.KRISHNAKUMAR, J.

pvs

24.11.2023

https://www.mhc.tn.gov.in/judis