Case Note & Summary
The Review Application No. 190 of 2026 was filed in the High Court of Judicature at Madras to review an order dated 06.01.2025 passed in O.S.A.No.256 of 2024. The applicant, K.Shanmughasundaram, contended that the affidavit submitted was not considered by the court during the earlier proceedings. The court noted that non-consideration of certain facts does not automatically provide grounds for a review unless it leads to an error apparent on the record. The court found that the review application sought to re-adjudicate facts that had already been addressed by both the learned Single Judge and the Division Bench. Consequently, the court dismissed the review application without costs, affirming that the grounds presented did not warrant further consideration. The judgment was delivered by Justices S.M.Subramaniam and P.Dhanabal on 13-08-2026.
Headnote
A) Civil Procedure - Review Application - Grounds for Review - Code of Civil Procedure, 1908, Order 47 - Non-consideration of facts does not automatically warrant a review unless it results in an error apparent on the face of the record. The court held that the review application attempted to re-adjudicate facts already considered, thus dismissing the application. (Paras 2-4)
Issue of Consideration
Whether the non-consideration of the affidavit constituted a ground for reviewing the order.
Final Decision
The court dismissed the review application, stating that the grounds presented did not warrant further consideration and that the application attempted to re-adjudicate facts already addressed.
Law Points
- Review jurisdiction
- Order 47 Rule 1 & 2
- error apparent
- non-consideration of facts
