Review jurisdiction is limited to apparent errors and cannot reopen writ merits or convert a review appeal into a belated main challenge.
Review jurisdiction under Order 47 Rule 1 is confined to an error apparent on the face of the record and cannot be used to reargue the merits or seek a de novo examination of the writ decision. In an appeal arising only from the review order, the Court declined to let the appellants convert the proceedings into a belated challenge to the original writ order through Article 142, as the main order had not been separately or timely assailed. The review dismissal was upheld because no patent factual or legal error was shown in the original finding that possession had been taken and possession on the relevant date was not established.
Issues: (i) Whether the appellants could be permitted to challenge the main writ order in an appeal arising only from the review order by invoking Article 142 of the Constitution of India. (ii) Whether the High Court was justified in dismissing the review application under Order 47 Rule 1 of the Code of Civil Procedure, 1908 on the ground that no error apparent on the face of the record existed.
Issue (i): Whether the appellants could be permitted to challenge the main writ order in an appeal arising only from the review order by invoking Article 142 of the Constitution of India.
Analysis: The appeal was confined to the order passed in review. The main writ order had not been independently challenged in the present proceedings, and the Court declined to enlarge the scope of the appeal by permitting a direct attack on that order through extraordinary powers. Absence of any timely or separate challenge to the main order weighed against such a course.
Conclusion: The request to permit a challenge to the main writ order was rejected and the appellants were not allowed to convert the appeal against the review order into a challenge to the original judgment.
Issue (ii): Whether the High Court was justified in dismissing the review application under Order 47 Rule 1 of the Code of Civil Procedure, 1908 on the ground that no error apparent on the face of the record existed.
Analysis: Review jurisdiction is confined to an apparent error on the face of the record and does not permit a rehearing on merits or a de novo examination of evidence. The High Court had found, in the original writ proceedings, that the land had already been taken possession of and that the petitioner had failed to establish possession on the date of repeal. On review, no patent factual or legal error was shown in that finding, and the attempt was essentially to reargue the merits of the writ decision.
Conclusion: The dismissal of the review application was upheld as legally correct and no error apparent on the face of the record was found.
Final Conclusion: The appeal did not disclose any ground to interfere with the impugned review order, and the challenge failed in its entirety.
Ratio Decidendi: Review under Order 47 Rule 1 of the Code of Civil Procedure, 1908 is limited to an error apparent on the face of the record and cannot be used to re-open the merits of the original or to convert an appeal against a review order into a belated challenge to the main order.
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