Review not maintainable on erroneous view in the judgement: Jammu and Kashmir HC

Khushi

The Jammu and Kashmir High Court recently in the case of Gagan Gupta and Others v. Union Territory of J&K and Others observed that simply because a judge has gone wrong in law, it would not be a ground for a review of such judgment by the High Court. Although, one can challenge the view in the appeal.

The Court said that review petition before the High Court is permissible only on limited grounds as per  Rule 65 of the Jammu and Kashmir High Court Rules, 1999 and Order XLVII Rule 1 of the Code of Civil Procedure (CPC).

The Bench comprising Justices Sanjay Dhar and Tashi Rabstan ordered that, “We are of the firm view that even if it is assumed that the view taken by us on any point may not be right but it is not a ground for review that a judgment proceeds on an incorrect exposition of law. Simply because a judge has gone wrong in law that is no ground for a review, though it may be a ground for appeal. Similarly an erroneous view of law is no ground of review though it may be a good ground of appeal. A Court cannot rehear and correct erroneous judgment by way of a review. A mere repetition of old and over ruled arguments are insufficient for exercising jurisdiction of review”

Rule 65 of the Jammu and Kashmir High Court Rules, 1999 which deals with the power of the High Court to review its judgment states that, “The Court may review its judgment or order but no application for review shall be entertained except on the ground mentioned in order XLVII Rule 1 of the Code (CPC).”

“It is a settled law that a review is not maintainable (on) the ground that the view expressed in the judgment is erroneous,” the Court emphasised.

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