Case Note & Summary
The Review Application was filed to challenge the order dated 01.11.2023 in W.P.No.28401 of 2012. The applicants, comprising officials from the Union of India and Southern Railway, contended that the eligibility of the 2nd respondent for Running Allowance was not adequately considered. The court noted that the scope of review under Order 47 Rule 1 of the Code of Civil Procedure, 1908, does not allow for re-adjudication or re-appreciation of facts. It emphasized that a mere wrong appreciation of facts does not constitute a valid ground for review. The court found that the review applicant did not demonstrate any apparent error that would justify the exercise of review jurisdiction. Consequently, the Review Application was dismissed, and no costs were awarded. The connected miscellaneous petitions were also closed.
Headnote
A) Review Jurisdiction - Scope of Review - Error Apparent - Code of Civil Procedure, 1908, Order 47 Rule 1 - The court held that re-adjudication of merits in a review application is impermissible and that wrong appreciation of facts does not constitute a ground for review. The review applicant failed to establish any error apparent warranting the exercise of review jurisdiction. (Paras 2-4).
Issue of Consideration
Whether the eligibility of the 2nd respondent to secure Running Allowance was considered in the previous order.
Final Decision
The Review Application was dismissed as the review applicant failed to establish any error apparent warranting the exercise of review jurisdiction. No costs were awarded.
Law Points
- Review jurisdiction
- Order 47 Rule 1 CPC
- eligibility for Running Allowance
