Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | r. 1 – Review of Judgment by the High Court Code of Civil Procedure 1908 – s.114 and Or. 47 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 – s.114 and Or. 47, r. 1 –Review of Judgment by the High Court – Predecessor of theappellants filed a civil suit against the respondents-originaldefendants for declaration of registered sale deed dated 25.03.1995executed by original defendant no.3 in favour of original defendantnos. 1 & 2 regarding a house as null and void and for permanentinjunction against defendant nos. 1 & 2 restraining them fromtransferring the disputed property to any other person – The suitwas dismissed by the Trial Court – Aggrieved, the plaintiff filed theFirst Appeal – During the pendency of the First Appeal, thedefendant no.1-respondent no.1 filed an application to dismissappeal and for direction to the appellant-plaintiff to vacate theproperty – Appellant-plaintiff sought amendment in relief as regardsthe issuance of permanent injunction and restraining defendantnos.1 and 2 from dispossessing the plaintiffs forcibly from thedisputed house – High Court dismissed the said application on theground of delay and laches, however, granted permission to theappellants to file a separate suit – Thereafter, the High Courtdismissed the suit – However, while dismissing the appeal the HighCourt also made observations as regards the possession of thedisputed house and on analysis of the deposition of PW1 and PW2and considering the material on record and considering the factthat during the pendency of the appeal the original defendant no.1himself filed an application for getting the possession from theplaintiff of the disputed house, which was withdrawn, the High Courtmade observations in regards the possession of the plaintiffs of thedisputed house – Almost 2 years after the judgment of the HighCourt in First Appeal, the respondent nos.1 & 2-defendant nos.1 &2 sought review of the said observation made by the High Courtregarding the possession in para 20 of the judgment – The HighCourt allowed the review application and ordered to delete para 20of the Judgment and order dated 10.12.2013 passed in First Appeal– Aggrieved, the original plaintiff preferred appeal before theSupreme Court – Held: The High Court has clearly overstepped thejurisdiction vested in the Court u/Or. 47 Rule 1 CPC – No groundas envisaged u/Or. 47 Rule 1 CPC was made out to review theobservations made in para 20 – It is required to be noted and asevident from para 20, the High Court made observations in para20 with respect to possession of the plaintiffs on appreciation ofevidence on record more particularly the deposition of the plaintiff(PW1) and his witness (PW2) and on appreciation of the evidence,the High Court found that the plaintiff is in actual possession of thesaid house – Therefore, when the observation with respect to thepossession of the plaintiff were made on appreciation of evidence/material on record, it cannot be said that there was an error apparenton the face of proceedings which were required to be reviewed inexercise of powers u/Or. 47 Rule 1 CPC – Thus, the High Court inexercise of review jurisdiction could not have without sufficient andjust reasons reviewed its own judgment.Code of Civil Procedure, 1908 – s.114 and Or.47, r.1 – Powerof Review – Held: From the bare reading of s.114 CPC, it appearsthat the said substantive power of review u/s.114 CPC has not laiddown any condition as the condition precedent in exercise of powerof review nor the said Section imposed any prohibition on the Courtfor exercising its power to review its decision – However, an ordercan be reviewed by a Court only on the prescribed groundsmentioned in Or. 47 r.1 CPC – The powers of review cannot beexercised as an inherent power nor can an appellate power can beexercised in the guise of power of review. |
Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
Neutral Citation | 2020 INSC 627 |
Petitioner | Shri Ram Sahu (dead) Through Lrs. |
Respondent | Vinod Kumar Rawat & Ors. |
SCR | [2020] 11 S.C.R. 865 |
Judgement Date | 2020-11-03 |
Case Number | 3601 |
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