S.Thangamalai v. The Presiding Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2023

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S. SRIMATHY REV. APLC (MD).No.40 of 2025 S.Thangamalai ... Review Petitioner - vs1. The Presiding Officer, Labour Court, Madurai.

2. The Management, Urappanur Primary Agriculture Co-Operative bank, Urappanur, Thirumangalam Taluk, Madurai District.

... Respondents PRAYER:- Petition filed under Order XLVII read with Rules 1 & 2 of Section 114 of the Civil Procedure Code to review the judgment and decree dated 03.01.2017 passed in W.A.(MD).No.1152 of 2015. For Petitioner :

M/s.Thangamalai (Party in person) For Respondents :

Mr.C.G.Pethanaraj

O R D E R

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This Review Application is filed seeking to review the judgment and decree dated 03.01.2017 passed in W.A.(MD).No.1152 of 2015.

2. A perusal of the affidavit filed in support of the review application, would go to show that the review applicant assails the findings of this Court, stating that the judgment is vitiated.

3. The argument of the applicant/review petitioner is that this Court should re-open the findings recorded in the judgment under review.

4. It is made clear here that review jurisdiction cannot be used for that purpose. This is not the scope of Section 114 read with Order XLVII Rule 1 C.P.C. Power of review can be exercised for correction of a mistake but not to substitute a view.

5. The review is also not an appeal in disguise. In the considered view of this court, there is no error apparent on the face of the record warranting review of judgement dated 03.01.2017. If the petitioner is aggrieved, he can file appeal and work out the remedy in the manner known to law. This court in exercise of review jurisdiction, without sufficient and just reasons, cannot 2/4

review its own judgment. Finding no merits, the present Review application is dismissed. No costs.

(J.N.B.J.) & ( S.S.Y.J.) 13.08.2025 Index: Yes / No sts 3/4

J.NISHA BANU,J.

and S.SRIMATHY, J.

Sts REV. APLC (MD).No.40 of 2025 Dated:

13.08.2025 4/4