Review Cannot Be Used As Tool For Changing Court’s Opinion: HC 

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SRINAGAR — The Jammu and Kashmir High Court has said the power of review cannot be confused with appellate power which enables a superior Court to correct all errors committed by a subordinate Court.

“The power of review is exercised when some mistake or error, apparent on the face of the record, is found,” a bench of Justice Ali Mohammad Magrey said.

A mistake or an error, apparent on the face of the record, the court said, means a mistake or an error which is, prima facie, visible and does not require any detailed examination.

 “Such an error must strike one on mere looking at the record and should not require any long-drawn process of reasoning on the points where there may, conceivably, be two opinions,” the court said, adding, “In the present case, the review petitioner has not been able to point out any error, apparent on the face of the record, but, on the contrary, under the guise of the instant review petition, the review petitioner is challenging the order passed by this Court, which is under review.”

A review cannot also be used as a tool for changing the opinion or view of the Court, the single bench of the court said.

 “In a review petition, it is only an error, apparent on the face of the record, which can be considered and gone into by the Court. It is not open to the Court, dealing with review of its decision, to re-appreciate the evidence and reach a different conclusion, even if that is possible.”

Conclusion arrived at on appreciation of evidence and after hearing the rival parties, cannot be assailed in a review petition, unless it is shown that there is an error apparent on the face of the record.

 “So far as the grievance of the review petitioner on merits of the case is concerned, virtually the review petitioner seeks the same relief which they had sought at the time of arguing the main matter and had been negatived.”

The court said that once such a prayer has been refused, no review petition would lie which would convert re-hearing of the original matter. “It is well settled law that the power of review cannot be confused with appellate power which enables a superior Court to correct all errors committed by a subordinate Court. It is not re-hearing of an original matter.”

A repetition of old and overruled argument is not enough to reopen concluded adjudications, the court said. “The power of review has to be exercised with extreme care, caution and circumspection, that too, only in exceptional cases,” the court added.

 


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