Published on: 12 July 2023 at 14:20 IST
Court: Supreme Court
Citation: Parsion Devi v. Sumitri Devi (1997)
Honourable Supreme Court of India has held that the scope of review is limited and under the guise of review, the petitioner cannot be permitted to reagitate and reargue the questions, which have already been addressed and decided. It is held that the scope of review under Order XLVII Rule 1 read with Section 114 of the Code of Civil Procedure, 1908 is limited and an error which is not self-evident and has to be detected by a process of reasoning, can hardly be said to be an error apparent on the face of record.
9. Under Order 47 Rule 1 CPC a judgment may be open to review inter alia if there is a mistake or an error apparent on the face of the record. An error which is not self-evident and has to be detected by a process of reasoning, can hardly be said to be an error apparent on the face of the record justifying the court to exercise its power of review under Order 47 Rule 1 CPC. In exercise of the jurisdiction under Order 47 Rule 1 CPC it is not permissible for an erroneous decision to be “reheard and corrected”. A review petition, it must be remembered has a limited purpose and cannot be allowed to be “an appeal in disguise”.
Drafted By Abhijit Mishra
