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TMI Blog2024 (3) TMI 1348X X X X Extracts X X X X X X X X Extracts X X X X ..... in MC (WA) No.22 of 2023 in WA No. 24 of 2023. 2. The main contention of the review petitioner is that while filing an appeal in the Court of the Chief Executive Member, Garo Hills Autonomous District Council, have clearly mentioned that the order dated 28.10.2016 is illegal and no statement was made by the review petitioner in the appeal petition, which clearly indicates that the order was not a consensus one and no consent of the parties were there before passing the order dated 28.10.2016. 3. In the review petition at grounds ix, it has been stated as follows: "ix. That the private respondent filed writ petition vide WP (C) No.321 of 2021 against the order dated 30.05.2019 before this Hon'ble Court, but surprisingly there is not eve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t cannot re-argue and he is not entitled for re-hearing on merits." 5. In another decision of the Division Bench of the High Court of Madras in the case of Dhanalakshmi Vs. M.Shajahan and others reported in AIR 2004 Madras 512, it was opined that the power of review is not an appeal in disguise. The relevant paragraphs of the said order are extracted below: "11. From the above judgments, it is seen that the law is well settled inasmuch as the power of review is available only when there is an error apparent on the face of the record and not on erroneous decision. If the parties aggrieved by the judgment on the ground that it is erroneous, remedy is only questioning the said order in appeal. The power of review under Order 47 Rule 1 C.P. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its view in the judgment under review; the review court cannot entertain the arguments touching the merits and demerits of the case and cannot take a different view disturbing the finality of the judgment; the review cannot be treated as appeal in disguise, as the object behind review is ultimately to see that there should not be miscarriage of justice and shall do justice for the sake of justice only and review on the ground that the judgment is erroneous cannot be sustained. 8. It is settled law that even an erroneous decision cannot be a ground for the Court to undertake review, as the first and foremost requirement of entertaining a review petition is that the order under review of which is sought, suffers from any error apparent on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exercise of the jurisdiction under Order 47, Rule 1, CPC, it is not permissible for an erroneous decision to be "reheard and corrected". A review petition, it must be remembered has a limited purpose and cannot be allowed to be "an appeal in disguise." 9. From a reading of the above referred Judgments, it can be fairly discerned that: 1. Review is not an appeal in disguise. 2. The review proceedings are not by way of an appeal and have to be strictly confined to the scope and ambit of Order 47, Rule 1 C.P.C. 3. A wrong exposition of the law or a wrong application of the law and failure to apply the correct law cannot be a ground for review. 4. The power to review is a restricted power given through a Court to go through the Jud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt. The Review Applicant in the guise of the Review Petition wants this Bench to rewrite its Judgment, which is not possible under review jurisdiction. As already stated above review is not an appeal in disguise and there is no error apparent on the face of the record. Therefore, the Division Bench rightly confirmed the order of the learned Single Judge, which does not warrant any review. 13. The Hon'ble Supreme Court in a recent decision reported in 2023 SCC Online SC 1406 Review Petition(Civil)No.1620 of 2023 in Civil Appeal No.1661 of 2020 (Sanjay Kumar Agarwal Vs. State Tax Officer and another) in paragraph No.16 has laid down the law relating to the entertainment of review application which is extracted as follows: "16. The gist o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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