Narrow scope of review under civil procedure cannot reopen an arbitration reference or create new relief after withdrawal

Review jurisdiction under Order XLVII Rule 1 CPC is confined to an error apparent or other narrow recognised grounds, and cannot be used to re-open the merits, re-argue the case, or obtain an appellate reappraisal of the earlier order. Mere liberty to seek review after withdrawal of a special leave petition did not confer any substantive right to alteration of the prior decision. The earlier reference to arbitration had been made within the limited scope of Section 8 of the Arbitration and Conciliation Act, 1996, and the relief sought in review was beyond that permissible ambit. No direction could therefore be granted in review concerning the earlier arbitration reference or the disclosure requirement under Section 12(5).

---

---

Issues: Whether the review applications were maintainable under Order XLVII Rule 1 of the Code of Civil Procedure, 1908 on the grounds urged, and whether any direction could be issued in review in relation to the arbitration reference already made under Section 8 of the Arbitration and Conciliation Act, 1996 and the disclosure requirement under Section 12(5) of the Arbitration and Conciliation Act, 1996.

Analysis: Review is confined to the narrow grounds recognised under Order XLVII Rule 1 and cannot be used to re-open the merits, re-argue the case, or seek an appellate reappraisal of the earlier order. Mere liberty to file a review, granted on withdrawal of the special leave petition, did not create any substantive entitlement to have the earlier order altered in favour of the applicants. The earlier reference to arbitration had been made within the limited scope of Section 8, and the relief now sought was beyond the permissible ambit of review.

Conclusion: The grounds raised did not disclose any error apparent or other ground sufficient for review, and no direction could be granted in the exercise of review jurisdiction in relation to the earlier arbitration reference.

---