Case Note & Summary
The present review application was filed by A.Selva Sharma seeking to review the order dated 06.01.2022 passed by the Madras High Court in W.A.No.1656 of 2016. The applicant attempted to re-argue the merits of the case, which the court held is impermissible under Order 47 Rule 1 of the Code of Civil Procedure, 1908. The court noted that non-consideration of certain grounds on merits does not provide a valid cause for instituting review proceedings. Since the applicant failed to establish any error apparent on the face of the record warranting interference, the review application was dismissed. No costs were awarded, and the connected miscellaneous petition was closed.
Headnote
A) Civil Procedure - Review - Order 47 Rule 1 CPC - Error Apparent - The review applicant sought to re-argue the merits of the case, which is not permissible under Order 47 Rule 1 CPC. Non-consideration of certain grounds on merits does not provide a cause for review. The applicant failed to establish any error apparent on the face of the record, and therefore the review application was dismissed. (Paras 1-2)
Issue of Consideration
Whether the review application discloses any error apparent on the face of the record warranting review of the order dated 06.01.2022 in W.A.No.1656 of 2016.
Final Decision
The review application is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
Law Points
- Review jurisdiction is limited to errors apparent on the face of the record
- re-argument of merits is impermissible
- non-consideration of certain grounds does not constitute a ground for review
