A review petition has a limited purpose & cannot be allowed to be an appeal in disguise:Calcutta HC.
PANASAM AKSHARA |Calcutta HC | July 28, 2022
A bench of Justice Shekhar B.Saraf reiterated the principle of review as observed in the case of The
State of West Bengal & Anr v. Confederation of State Government Employees & Ors.
In this case the court has pointed following principles of landmark Supreme Court Judgements on issue of review. A.The power to review is inherent in High Court and it can review its own order or judgement passed in writ petition. B.This power of review is limited power and granted by the principle of Sec-151 of CPC.
C.Firstly court can review its judgement when the new or important matter or evidence discovered in spite of due diligence not within knowledge or could not be produced by the party seeking review.Secondly,the court may review in case of mistake or error apparent on the face of record.Thirdly,for any other sufficient reason which several times read by Apex Court within four corners of the first 2conditions.
D.A review petition has a limited purpose and cannot be allowed to be an appeal in disguise.There is difference between erroneous decision that can be only be appealed against and an error on face of record that is under review.
CASE-Harisadhan Halder & Ors v. Madhai Mondal & Ors.
The court heard a pea filed by Harisadhan Halder and others against an order of HC passed in Writ Petition ex parte.The Court asked Prodhan of Raidhigi Gram Panchayat to consider representation of the writ petitioner and till the hearing of said representation no further construction shall be carried out on the plot that is in the issue.Moving to the court,the applicant claimed that petitioner had supressed material facts while taking ex parte order and it was contended that petitioner didnot disclose the court sanction plan for said plot obtained in 1994 by father of applicant. The court noted that the order was passed by court ex parte, however the service of writ petition was duly made upon the applicants and despite it non has appeared for applicants and the court had passed the order ex parte. The court discarded the argument of applicants that there had been suppression of material facts. Finally,the court noted that few things have been brought before the court in review petition however the same were in special knowledge of applicant herein and choosing to not appear in matter due care was not taken by the applicant. In the above view the court dismissed the review plea.