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TMI Blog2024 (10) TMI 87X X X X Extracts X X X X X X X X Extracts X X X X ..... s in the court of plenary jurisdiction exercisable by this Court to prevent miscarriage of justice or to correct grave and palpable errors, but that power ought not be treated as unlimited or unabridged, but they are to be invoked on the grounds analogous to the grounds mentioned in Order 47 Rule 1 of the CPC, namely; (i) discovery of new and important matter or evidence which the party seeking the review could not produce at the time when the earlier order sought to be reviewed was made, despite exercise of due diligence, (ii) existence of some mistake or error apparent on the face of the record, and (iii) existence of any analogous ground. Whether the new documents which were not part of the writ petition can be considered in the review j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 168/2016 stating that some additional documents, which were filed before the appellate court (Division Bench) by way of additional document i.e. notice dated 15-3-2016, could not be filed before the writ court. 2. Mr. Amit Chaudhari, learned counsel appearing for the review petitioners, submits that documents which were filed before the appellate court, could not be filed before the writ court and therefore it may be considered and the order in question be reviewed. 3. I have heard learned counsel appearing for the review petitioners on the question of admission, considered his submissions and went through the record with utmost circumspection. 4. The two questions arise for consideration are, (1) whether, the writ court has power of revi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowed with approval by their Lordships of the Supreme Court in the matter of A.T. Sharma v. A.P. Sharma AIR 1979 SC 1047 in which their Lordships reiterated the existence of inherent powers of the High Court to review its earlier decision in exercise of inherent powers further clarifying the legal position and it was held as under: It is true there is nothing in Article 226 of the Constitution to preclude the High Court from exercising the power of review which inheres in every court of plenary jurisdiction to prevent miscarriage of justice or to correct grave and palpable errors committed by it, but there are definitive limits to the exercise of the power of review. The power of review may be exercised on the discovery of new and importan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orial and testimony. A court of record is undoubtedly a superior court which is itself competent to determine the scope of its jurisdiction. The High Court, as a court of record, has a duty to itself to keep all its record correctly and in accordance with law. Hence, if any apparent error is noticed by the High Court in respect of any orders passed by it the High Court has not only power, but a duty to correct it. The High Court's power in that regard is plenary. 9. Similarly, in the matter of Municipal Corporation of Greater Mumbai and another v. Pratibha Industries Limited and others (2019) 3 SCC 203, R.F. Nariman, J. speaking for the Supreme Court noticing the earlier pronouncements including Shivdeo Singh (supra), held that constitu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cific. The principles for interference in exercise of review jurisdiction are well settled. The Court passing the order is entitled to review the order, if any of the grounds specified in the aforesaid provision are satisfied. 9. The aforesaid authorities clearly spell out the nature, scope and ambit of power to be exercised. The error has to be self-evident and is not to be found out by a process of reasoning. We have adverted to the aforesaid aspects only to highlight the nature of review proceedings. 12. Having examined the power and jurisdiction of this Court to review its order passed in a proceeding under Articles 226 and 227 of the Constitution of India and the scope and ambit of that jurisdiction, the question is, whether the new do ..... X X X X Extracts X X X X X X X X Extracts X X X X
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