Review jurisdiction cannot reopen impleadment merits where a party's presence is necessary for complete adjudication.
Review jurisdiction is confined to correcting an error apparent on the face of the record and cannot be used to rehear the matter or reappraise the merits of an earlier impleadment order. The Supreme Court held that the High Court exceeded the permissible limits of review by reassessing whether the neighbouring party was a proper or necessary party. It also reiterated that impleadment under Order 1 Rule 10(2) CPC depends on whether the party's presence is necessary for complete and effectual adjudication of the suit; on that basis, the earlier impleadment order was left undisturbed and the review order was set aside.
Issues: (i) Whether the High Court, in review jurisdiction, could reconsider the merits of its earlier order permitting impleadment. (ii) Whether the order allowing impleadment of the neighbouring party was sustainable under Order 1 Rule 10(2) of the Code of Civil Procedure, 1908.
Issue (i): Whether the High Court, in review jurisdiction, could reconsider the merits of its earlier order permitting impleadment.
Analysis: Review jurisdiction is limited to correction of an error apparent on the face of the record. It does not permit rehearing of the matter on merits or a fresh appraisal of the factual and legal basis of the earlier decision. By re-examining whether the proposed party was a proper or necessary party and by taking a fresh view on the documents and merits, the High Court travelled beyond the permissible limits of review.
Conclusion: The High Court was not justified in recalling its earlier order in review.
Issue (ii): Whether the order allowing impleadment of the neighbouring party was sustainable under Order 1 Rule 10(2) of the Code of Civil Procedure, 1908.
Analysis: Under Order 1 Rule 10(2), a person whose presence is necessary to effectually and completely adjudicate upon the questions involved in the suit may be impleaded as a proper or necessary party. The earlier order permitting impleadment had proceeded on that basis, recognising the neighbour's grievance regarding the construction dispute and the need to avoid multiplicity of proceedings. The High Court's review order set aside that determination not on a reviewable error, but by reassessing the merits.
Conclusion: The impleadment order remained undisturbed and could not be upset in review.
Final Conclusion: The review order was set aside and the appellant succeeded, leaving the earlier impleadment order in force.
Ratio Decidendi: Review cannot be used to reopen the merits of a concluded order, and impleadment under Order 1 Rule 10(2) depends on whether the party's presence is necessary for complete adjudication of the suit.
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