PARSION DEVI AND ORS. versus SUMITRI DEVI AND ORS.

PARSION DEVI AND ORS. versus SUMITRI DEVI AND ORS.

Review jurisdiction under Order 47 Rule 1 CPC does not permit the rehearing and correction of an erroneous decision merely on merits; only errors apparent on the face of the record may be considered. In the present case, the grounds in the review petition did not disclose such an error; hence the review order was unsustainable.

Parties
Appellant: PARISON DEVI AND ORS.; Respondent: SUMITRI DEVI AND ORS.
Jurisdiction
India
Judgment Date
14 October 1997
Procedural Posture
Civil Appeal / Appeal by Special Leave From Order in Review Jurisdiction
Outcome
Appeal allowed
Legal Topics
Review Jurisdiction, Limitation, Execution of Decree
Civil Procedure Review Jurisdiction Limitation Execution of Decree

Case Brief

Summary, issues, holding and outcome

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Parties

PARISON DEVI AND ORS.

Appellant

SUMITRI DEVI AND ORS.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Order in Review Jurisdiction

Legal Issues

  1. 1 Whether review jurisdiction under Order 47 Rule 1 CPC permits correction of alleged errors on merit
  2. 2 Whether the grounds for review constituted 'error apparent on the face of the record'
  3. 3 Which Article of the Limitation Act applies for execution of the decree

Ratio Decidendi

Review jurisdiction under Order 47 Rule 1 CPC does not permit the rehearing and correction of an erroneous decision merely on merits; only errors apparent on the face of the record may be considered. In the present case, the grounds in the review petition did not disclose such an error; hence the review order was unsustainable.

Court Disposition

Appeal allowed

Orders

  • Impugned review order dated 6.3.1997 set aside.
  • Remand order made by Gupta, J. stands revived.