Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Or. XLVII r 1 s.114 Review of judgment under CPC |
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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 – Or. XLVII r. 1, s. 114 – Review of judgment under –Appellant filed writ petition before the High Court against the order of the Tiruchirappalli City Municipal Corporation in respect of the pathway – High Court allowed the writ petition of the appellant on merits after considering a survey report – High Court discarded the survey report – Thereafter, the respondent filed the review petition before the High Court – High Court allowed the review petition after considering the same survey report and set aside its judgment holding the same to be erroneous – Whether in the facts and circumstances of the case the High Court justified in allowing the review application filed u/ Or. 47, r. 1 CPC and setting aside the reasoned judgment and order passed in the main writ petition – Held: It is settled that power of review can be exercised for correction of mistake but not to substitute a view – In the instant case, the High Court exceeded in its jurisdiction and exercised the jurisdiction not vested in it while exercising the review jurisdiction u/Or. 47, r. 1 r/w. s. 114 CPC – Once the survey report fell for consideration before the High Court while deciding the main writ petition thereafter the same could not have been considered again while deciding review application – If a judgment sought to be reviewed is erroneous, cannot be subject of review u/Or. 47, r. 1 but can be challenged by way of appeal. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2023 INSC 161 |
Petitioner | S. Murali Sundaram |
Respondent | Jothibai Kannan & Ors |
SCR | [2023] 3 S.C.R. 47 |
Judgement Date | 2023-02-24 |
Case Number | 1167 |
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