Review jurisdiction permits recall where apparent error exists and the party must be heard on relied-on decisions.

A review under Section 114 read with Order 47 Rule 1 CPC was entertained on the ground of apparent errors in the earlier judgment and to afford the applicant an opportunity to meet the decisions relied upon. The court accepted that certain observations concerning the company's business activities and the applicant's role could be revisited in review, applying the principle that an error apparent on the face of the record may be corrected. The earlier judgment was recalled and the matter was directed for fresh hearing on merits.

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Issues: Whether the review application seeking recall of the earlier judgment was maintainable and warranted on the ground of apparent errors in the judgment and the need to afford the applicant an opportunity to meet the decisions relied upon.

Analysis: The application was founded on Section 114 read with Order 47 Rule 1 of the Code of Civil Procedure, 1908. The Court accepted that certain observations in the earlier judgment regarding the company's business activities and the applicant's role could be revisited in review, and also noted that the applicant should be given an opportunity to meet the decisions referred to in the judgment. In view of the principle that an error apparent on the face of the record can be corrected in review, the Court considered recall of the judgment appropriate.

Conclusion: The review application was allowed and the earlier judgment was recalled for fresh hearing on merits.

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