Case Note & Summary
The case is a review petition filed by Shri Seva Medical Foundation and its trustees against the judgment in Writ Petition (PIL) No. 3132 of 2004. The original PIL concerned the regulation of charitable hospitals in Maharashtra. The review petitioners alleged that the earlier judgment contained errors apparent on the face of the record. The respondents included the original petitioner Sanjiv Gajanan Punalekar, the State of Maharashtra, and several hospitals. The High Court examined the review petition under Order XLVII Rule 1 of the Code of Civil Procedure, 1908. The Court noted that review jurisdiction is limited and cannot be used to re-argue the case. The petitioners failed to demonstrate any error or mistake in the earlier judgment. Consequently, the review petition was dismissed with no order as to costs.
Headnote
A) Civil Procedure - Review Petition - Order XLVII Rule 1 CPC, 1908 - Error Apparent on Face of Record - The review petitioner sought review of a judgment in a PIL concerning charitable hospitals, alleging errors in the earlier decision. The Court held that review is not an appeal in disguise and that the petitioner failed to point out any mistake or error apparent on the record. The petition was dismissed as devoid of merit. (Paras 1-5)
Issue of Consideration
Whether the review petition discloses any error apparent on the face of the record or any other sufficient reason to review the earlier judgment in the PIL.
Final Decision
The review petition is dismissed. No order as to costs.
Law Points
- Review jurisdiction is limited to errors apparent on the face of the record
- not re-argument of the case
- Order XLVII Rule 1 CPC
- 1908
