Supreme Court Dismisses Review Petition in Civil Matter Due to Lack of Apparent Error. Review Petition Fails as Grounds Presented Did Not Justify Interference with High Court's Decision.

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Case Note & Summary

The case involved a review petition filed by Vimla Devi against the decision of the High Court which had allowed a Second Appeal and restored the judgment of the Trial Court. The Supreme Court considered the delay of 45 days in filing the review petition and condoned it. Upon reviewing the matter, the court found that the grounds presented in the review petition did not demonstrate any apparent error on record that would warrant interference with the High Court's ruling. Consequently, the Supreme Court dismissed the review petition and affirmed the High Court's decision, leading to the dismissal of the Special Leave Petition as well. The judgment was delivered by a bench comprising Justices Uday Umesh Lalit, Hemant Gupta, and S. Ravindra Bhat on November 16, 2021.

Headnote

A) Civil Procedure - Review Jurisdiction - Grounds for Review - Code of Civil Procedure, 1908, Section Not mentioned - The Review Petition was dismissed as the grounds did not establish any apparent error on record justifying interference with the High Court's decision. The court affirmed the High Court's view and dismissed the Special Leave Petition (Paras 1-2).

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Issue of Consideration

Whether there was an apparent error on record to justify interference in the High Court's decision.

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Final Decision

The Supreme Court dismissed the review petition, affirming the High Court's decision and finding no apparent error on record to justify interference.

Law Points

  • Review jurisdiction
  • grounds for review
  • dismissal of review petition
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Case Details

2021 LawText (SC) (11) 165

Review Petition (C) No. of 2021 (Diary No.8299 of 2021)

2021-11-16

Uday Umesh Lalit, Hemant Gupta, S. Ravindra Bhat

Vimla Devi

Chhabiram & Ors.

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Nature of Litigation

Review petition against High Court's decision

Remedy Sought

Vimla Devi sought review of the High Court's order

Previous Decisions

High Court allowed Second Appeal and restored Trial Court's judgment

Issues

Existence of apparent error on record Justification for interference in High Court's decision

Submissions/Arguments

Petitioner argued for review based on alleged errors Respondents contended no errors were present

Ratio Decidendi

The court held that review petitions must demonstrate an apparent error on record to warrant interference, which was not established in this case.

Judgment Excerpts

Delay of 45 days in preferring review petition is condoned. The grounds taken in the Review Petition do not make out any error apparent on record to justify interference.

Procedural History

The Review Petition was filed after the High Court allowed a Second Appeal and restored the Trial Court's judgment.

Acts & Sections

  • Code of Civil Procedure, 1908:
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