Case Note & Summary
The judgment pertains to two review petitions filed by Sri. Prakash Gangaram (represented by GPA holder Sri. Subbaramaiah) against the Deputy Commissioner, Bengaluru Urban District, and other respondents, seeking review of orders dated 07.03.2025 passed by the High Court of Karnataka in Writ Petition No.19009/2023 and M.F.A. No.746/2025. The review petitions were filed under Order 47 Rule 1 read with Section 114 of the Code of Civil Procedure, 1908 (CPC). The petitioner alleged that the orders suffered from errors apparent on the face of the record and that there were sufficient reasons for review. The court examined the scope of review jurisdiction, noting that review is not an appeal and cannot be used to re-argue the case. The court found that the petitioner failed to point out any error apparent on the face of the record or any discovery of new evidence that could not have been produced earlier. The contentions raised by the petitioner were already considered in the original proceedings. Consequently, the court dismissed both review petitions, holding that no grounds for review were made out. The judgment emphasizes the limited scope of review under Order 47 Rule 1 CPC and the necessity of an error apparent on the face of the record.
Headnote
A) Civil Procedure - Review - Error Apparent on Face of Record - Order 47 Rule 1 read with Section 114 CPC - The petitioner sought review of orders dated 07.03.2025 passed in WP No.19009/2023 and MFA No.746/2025, alleging errors in the judgment. The court held that the review jurisdiction is limited and cannot be used as an appeal. The petitioner failed to point out any error apparent on the face of the record or discovery of new evidence. The review petitions were dismissed. (Paras 1-10) B) Civil Procedure - Review - Scope - Order 47 Rule 1 CPC - The court reiterated that review is not a rehearing of the matter and cannot be used to re-argue the case. The petitioner's contentions were already considered in the original proceedings. No ground for review was made out. (Paras 5-10)
Issue of Consideration
Whether the review petitions disclose any error apparent on the face of the record or any other sufficient reason to warrant review of the orders dated 07.03.2025 passed in WP No.19009/2023 and MFA No.746/2025.
Final Decision
Both review petitions are dismissed. No order as to costs.
Law Points
- Review jurisdiction
- Error apparent on face of record
- Order 47 Rule 1 CPC
- Section 114 CPC
- Scope of review
