Case Note & Summary
The review petition was filed by the petitioners (legal representatives of the deceased original plaintiff) against the judgment dated 7.9.2012 passed by the High Court in RSA No.5985/2010. The second appeal had been disposed of reversing the order of the lower appellate court which had fixed a 1/4th share in respect of the share of the wife and her husband. The petitioners sought review of that judgment under Order 47 Rule 1 read with Section 114 CPC. The High Court heard the learned counsel for both parties. The court observed that the review petition was filed against the judgment of the lower appellate court fixing 1/4th share, and that the second appeal had been disposed of reversing that order. The court found that the petitioners had not made out any ground for review as there was no error apparent on the face of the record. Consequently, the review petition was dismissed.
Headnote
A) Civil Procedure - Review - Error Apparent on Face of Record - Order 47 Rule 1 read with Section 114 of the Code of Civil Procedure, 1908 - The review petition challenged the judgment in RSA No.5985/2010 which reversed the lower appellate court's order fixing 1/4th share. The High Court held that no error apparent on the face of the record was made out and dismissed the review petition. (Para 4)
Issue of Consideration
Whether the judgment dated 7.9.2012 in RSA No.5985/2010 suffers from an error apparent on the face of the record warranting review under Order 47 Rule 1 read with Section 114 CPC.
Final Decision
The review petition is dismissed as no error apparent on the face of the record is made out.
Law Points
- Review jurisdiction
- Error apparent on face of record
- Order 47 Rule 1 CPC
- Section 114 CPC
