T.V.Ravi v. B.R Mohan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU Review Application No.85 of 2017 in S.A.No.232 of 2015 T.V.Ravi

...Petitioner

Vs.

1.B.P.Mohan 2.K.Subramaniyam 3.K.Duraisamy

...Respondents

Review Application filed under Order 47 Rule 1 read with Section 114 of CPC against the order dated 21.11.2016 made in S.A.No.232 of 2015 passed by this Court.

For Petitioner :

Mr.N.Manokaran For Respondents :

Mr.A.K.Kumarasamy Senior Counsel for M/s.S.Kaithamalai Kumaran

O R D E R

This review application is filed to review the judgment and decree passed in S.A.No.232 of 2015 dated 21.11.2016.

2.The review petitioner is the appellant in the above second appeal, which was dismissed by this Court after hearing both sides and by passing a detailed judgment on consideration of facts, circumstances and the position of law.

3. Now, the present review is filed by contending that this Court has erroneously considered the Ex.A1 Agreement dated 07.03.2005 against the appellant and dismissed the appeal based on such erroneous consideration. In other words, it is the claim of the review petitioner that Ex.A1 ought to have been considered by this Court in the manner, in which, the petitioner seeks to project his case, and not by the manner in which this Court has looked into the said document. I do not think that the above contention raised by the petitioner can be a ground for review, as it is not an error apparent on the face of the judgment, more particularly, when it is purely a matter of interpretation, which this Court has made and decided the issue by considering the said document viz., Ex.A1.

4. Needless to say that the scope of review is very limited and under the guise of review, the parties are not entitled to reargue the matter once again on merits. As I found that the present review is filed by raising the grounds, which are nothing but rearguing the

matter on merits of the Second Appeal, I do not propose to entertain the review application. Accordingly, the Review Application fails and the same is dismissed. No costs. 15.03.2019 vri

K.RAVICHANDRABAABU,J.

vri Rev.Apln No.85 of 2017 in S.A.No.232 of 2015 15.03.2019