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Home CIVIL CPC

CPC O. 47 R. 1 – 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

by Punjab Law Reporter
December 30, 2021
in CPC
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CPC O. 47 R. 1 –  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”.

read HERE 1997 PLRonline 0007

Parsion Devi v. Sumitri Devi, 1997 PLRonline 0007, 1997 (6) SCALE 432, (1997) 8 SCC 715

Tags: CPC O. 47CPC O. 47 R. 1
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CPC O. 47 R. 1 – – Application for review can be maintained on the strength of discovery of new and important matter or evidence which, after exercise of due diligence, was not within the knowledge of the party or could not be produced by it at the time the judgment or order was passed; or on account of some mistake or error apparent on the face of record; or for any other sufficient reason – A review application is not the means for a party to improve its case by belatedly producing material that was available with it all along.

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CPC O. 47 R. 1 – Board cannot be permitted to contend that such material was not available with it at that time and therefore, it should be allowed to now make good the lapses on its part – The levels of competence of the Board’s officers, as per its rules, would have been available with the Board even then – A review application is not the means for a party to improve its case by belatedly producing material that was available with it all along – Further, even if accepted, this contention is of no avail as the warning issued to the writ petitioner was not withdrawn before initiation of the disciplinary proceedings.

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CPC O. 47 R. 1- Postulates that such ‘new and important matter or evidence’, despite exercise of due diligence by the party, could not be produced at the time of passing of the order – In effect, such ‘new or important matter or evidence’ must have been in existence even at the time of disposal of the case but it could not be produced for bonafide reasons – The said expression would not take within its ambit an order which was passed after the disposal of the case with the sole intention of invalidating the basis of such disposed.

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