Case Note & Summary
The petitioner, Arun Bhaduji Bansod, filed a review application under Order 47 Rule 1 of the Code of Civil Procedure, 1908, seeking review of an order dated 18th November, 2008 passed by a Division Bench of the Bombay High Court (Nagpur Bench) in Writ Petition No. 1927 of 2007, which had dismissed his writ petition. The petitioner had earlier challenged the dismissal by filing a Special Leave Petition before the Supreme Court, which was withdrawn with liberty to move the High Court for review. In the review application, the petitioner contended that the order dismissing the writ petition was erroneous and that certain aspects were not considered. The Court, after hearing the parties, observed that the grounds raised by the petitioner were essentially a re-argument of the merits of the case and did not disclose any error apparent on the face of the record. The Court reiterated the settled legal position that review is not an appeal in disguise and that the power of review is limited to correcting errors that are manifest on the face of the record. Since the petitioner failed to point out any such error, the review application was dismissed. The Court also noted that the petitioner had already withdrawn the Special Leave Petition, and no new grounds were made out.
Headnote
A) Civil Procedure Code - Review - Error Apparent on Face of Record - Order 47 Rule 1, Section 114 CPC - The petitioner sought review of an order dismissing his writ petition, arguing that the order was erroneous on merits. The Court held that review is not an appeal in disguise and that the grounds urged did not disclose any error apparent on the face of the record. The application was dismissed. (Paras 1-5)
Issue of Consideration
Whether the order dated 18th November, 2008 dismissing Writ Petition No. 1927 of 2007 suffers from any error apparent on the face of the record warranting review.
Final Decision
The review application is dismissed. No order as to costs.
Law Points
- Review jurisdiction is limited to errors apparent on the face of the record
- re-argument of merits not permitted
- Order 47 Rule 1 CPC
- Section 114 CPC
Case Details
2011 LawText (BOM) (03) 175
Misc. Civil Application No.552 of 2010 in Writ Petition No. 1927 of 2007
Mr. P.D. Meghe for petitioner, Mr. T.A. Mirza, Asstt. Govt. Pleader for respondents
The State of Maharashtra, The Industrial Court, Maharashtra State, The Industrial Court, Nagpur Bench, Nagpur, The State of Maharashtra through its General Administration Department
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Nature of Litigation
Review application against dismissal of writ petition in a service matter.
Remedy Sought
Review of order dated 18th November, 2008 dismissing Writ Petition No. 1927 of 2007.
Filing Reason
Petitioner contended that the order dismissing the writ petition was erroneous and that certain aspects were not considered.
Previous Decisions
Writ Petition No. 1927 of 2007 was dismissed on 18th November, 2008. Special Leave Petition (Civil) was withdrawn with liberty to file review.
Issues
Whether the order dated 18th November, 2008 suffers from any error apparent on the face of the record.
Submissions/Arguments
Petitioner argued that the order dismissing the writ petition was erroneous and that certain aspects were not considered.
Respondents opposed the review, stating that no error apparent on record was shown.
Ratio Decidendi
Review jurisdiction under Order 47 Rule 1 CPC is limited to errors apparent on the face of the record; re-argument of merits is not permitted.
Judgment Excerpts
This is an application for review of Order dated 18th November, 2008 passed by this Court [Coram : D.K. Deshmukh & P.B. Varale, JJ] dismissing the Writ Petition No. 1927 of 2007.
Petitioner had preferred a Special Leave Petition [Civil]. Annexure-B to the Review Application indicates that the said Special Leave Petition was withdrawn, stating that petitioner would like to move High Court for review of its order which was impugned in Special Leave Petition, as the High Court has ...
Procedural History
Writ Petition No. 1927 of 2007 was dismissed on 18th November, 2008. Petitioner filed Special Leave Petition (Civil) which was withdrawn with liberty to file review. Thereafter, Misc. Civil Application No.552 of 2010 was filed for review.
Acts & Sections
- Code of Civil Procedure, 1908: Order 47 Rule 1, Section 114
