High Court of Karnataka Rejects Review Petition for Lack of Error Apparent on Record. Petitioner Failed to Establish Any Ground for Review Under Order 47 Rule 1 CPC.

High Court: Karnataka High Court Bench: BENGALURU
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Case Note & Summary

The petitioner, C. Sreenivasan, filed a review petition under Order 47 Rule 1 read with Section 114 of the Code of Civil Procedure, 1908, seeking review of an order dated 21.04.2020 passed by the High Court of Karnataka in Writ Appeal No.3088/2019. The petitioner appeared in person. The court, comprising the Chief Justice and a judge, heard the petitioner and found that there was no error apparent on the face of the record. The court noted that even otherwise, no ground for review was made out. Consequently, the review petition was rejected. The judgment is brief and does not elaborate on the underlying facts of the original writ appeal or the specific grounds raised by the petitioner. The court simply applied the settled principle that review is not an appeal in disguise and is limited to correcting errors apparent on the record.

Headnote

A) Civil Procedure - Review - Order 47 Rule 1 read with Section 114 of the Code of Civil Procedure, 1908 - Error Apparent on Face of Record - The petitioner sought review of an order passed in a writ appeal, alleging errors. The court held that there was no error apparent on the face of the record and no ground for review was made out. The review petition was rejected. (Paras 1-2)

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Issue of Consideration

Whether there is any error apparent on the face of the record or any other ground to review the order dated 21.04.2020 passed in Writ Appeal No.3088/2019.

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Final Decision

Review petition rejected for lack of error apparent on record and no ground for review.

Law Points

  • Review jurisdiction is limited to errors apparent on the face of the record
  • No ground for review under Order 47 Rule 1 CPC
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Case Details

2020 LawText (KAR) (07) 175

Review Petition No.168/2020 in Writ Appeal No.3088/2019(S-RES)

2020-07-03

Abhay S. Oka, Chief Justice, Pradeep Singh Yerur, Justice

C Sreenivasan (Party in Person)

C Sreenivasan

The Government of Karnataka, Karnataka Power Transmission Corporation Ltd., Raghavendra R Joshi, V G Manjunath

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Nature of Litigation

Review petition against an order in a writ appeal

Remedy Sought

Review of order dated 21.04.2020 in Writ Appeal No.3088/2019

Filing Reason

Alleged error apparent on the face of the record

Previous Decisions

Order dated 21.04.2020 in Writ Appeal No.3088/2019

Issues

Whether there is any error apparent on the face of the record warranting review

Submissions/Arguments

Petitioner argued that there was an error apparent on the face of the record

Ratio Decidendi

Review jurisdiction is limited to errors apparent on the face of the record; no such error was found, and no other ground for review existed.

Judgment Excerpts

There is no error apparent on the face of the record. Even otherwise, there is no ground for review.

Procedural History

The petitioner filed a review petition under Order 47 Rule 1 read with Section 114 CPC against an order dated 21.04.2020 passed in Writ Appeal No.3088/2019. The High Court heard the petitioner and rejected the review petition on 03.07.2020.

Acts & Sections

  • Code of Civil Procedure, 1908: Order 47 Rule 1, Section 114
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High Court High Court of Karnataka Rejects Review Petition for Lack of Error Apparent on Record. Petitioner Failed to Establish Any Ground for Review Under Order 47 Rule 1 CPC.
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