Case Note & Summary
The applicants, original petitioners in Writ Petition No.7410 of 2002, filed a Review Petition No.64 of 2003 seeking review of an order dated 29th January 2003 passed by the Bombay High Court. The review was sought on two grounds: first, discovery of a new and important fact regarding the sale of the property by the respondents to a third party after the order; second, that the penalty imposed under the Stamp Act was ten times the stamp duty, whereas the maximum penalty could only be double the stamp duty. The court heard the applicants' advocate, but no one appeared for the respondents despite service. The court held that the alleged new fact of sale to a third party, even if discovered after the order, does not constitute a 'new and important fact' for review because the applicants failed to show that despite due diligence it could not have been discovered earlier. The second ground regarding excessive penalty was also not considered because it was not raised in the original petition and no error apparent on the face of the record was shown. Consequently, the review petition was dismissed.
Headnote
A) Civil Procedure - Review Petition - Discovery of New Fact - Due Diligence - For a fact to be considered 'new and important' for review, it must be shown that despite due diligence it could not have been discovered earlier - Mere subsequent knowledge does not suffice (Paras 2-3). B) Stamp Act - Penalty - Limitation - The penalty under the Stamp Act cannot exceed double the stamp duty - However, the court did not consider this point as it was not raised earlier and no error apparent on record (Para 2).
Issue of Consideration
Whether the review petition discloses any ground for review under the limited scope of review jurisdiction, specifically discovery of new and important fact or error apparent on the face of the record.
Final Decision
Review petition dismissed.
Law Points
- Review petition
- discovery of new fact
- due diligence
- error apparent on face of record
- stamp duty penalty
- limitation under Stamp Act
