Case Note & Summary
The Supreme Court considered a review petition challenging its earlier dismissal of a Special Leave Petition. The litigation originated from Special Civil Application No. 9396 of 1997, which was dismissed by a single judge of the High Court, and that dismissal was affirmed by a Division Bench. The appellant then approached the Supreme Court through a Special Leave Petition, which was dismissed, affirming the views of the courts below. Subsequently, a review petition was filed with a delay of 44 days. The court first condoned the delay in filing the review petition. The core legal issue was whether there existed any error apparent on record that would justify interference through review jurisdiction. The appellant contended through grounds in the review petition that such error existed, while the respondent presumably opposed the review. The court analyzed the grounds presented and found they did not make out any error apparent on record. The court reasoned that review jurisdiction is limited to correcting errors apparent on the face of the record and cannot be used for re-hearing or re-appreciation of evidence. Since no such error was established, the court dismissed the review petition, thereby maintaining the finality of its earlier judgment dismissing the Special Leave Petition.
Headnote
A) Civil Procedure - Review Jurisdiction - Error Apparent on Record - Code of Civil Procedure, 1908, Order 47 - Review petition sought reconsideration of dismissal of Special Leave Petition - Court found grounds did not make out any error apparent on record - Held that review petition must be dismissed as no justification for interference existed (Paras 1-2). B) Civil Procedure - Limitation - Condonation of Delay - Limitation Act, 1963 - Review petition filed with 44 days delay - Court condoned the delay in preferring the review petition - Held that delay was condoned before considering merits of review petition (Para 1).
Issue of Consideration
Whether there was any error apparent on record justifying review of the earlier dismissal of the Special Leave Petition
Final Decision
Review Petition dismissed; delay of 44 days in filing condoned
Law Points
- Review jurisdiction
- error apparent on record
- condonation of delay
- finality of judgments
