Darshna Rani v. State Of Haryana And Others
!"#$% # &
&
&
&
'#
!"#$% #
&&
&(
&
(&( ) %* % #
!"#$% # # + Mr. Sandeep Singh Mann, Addl. A.G. Haryana with Ms. Vibha Tewari, AAG, Haryana
!
"
#
$
%&%"&"" ' (
)
* + ' ,
"-.
$
/ /
)
)
0
"&1
0
0
$
%&%"&"" ,
)
)
$
/
)
%&%"&"" ) '
'
,
)
'
,
'
,
$
)
$
%&%"&"" '
* + ' ,
.&."&""
3 $
!
"
4 5"6 As can be seen from the above exposition of law, it has been consistently held by this Court in several judicial pronouncements that the Court's jurisdiction of review, is not the same as that of an appeal. A judgment can be open to review if there is a mistake or an error apparent on the face of the record, but an error that has to be detected by a process of reasoning, cannot be described as an error apparent on the face of the record for the Court to exercise its powers of review under Order XLVII Rule 30 (2020) SCC Online SC 896 Civil Appeals No. @ SLP (C) Nos.9602-03 of 2022 1 CPC. In the guise of exercising powers of review, the
-4Court can correct a mistake but not substitute the view taken earlier merely because there is a possibility of taking two views in a matter. A judgment may also be open to review when any new or important matter of evidence has emerged after passing of the judgment, subject to the condition that such evidence was not within the knowledge of the party seeking review or could not be produced by it when the order was made despite undertaking an exercise of due diligence. There is a clear distinction between an erroneous decision as against an error apparent on the face of the record. An erroneous decision can be corrected by the Superior Court, however an error apparent on the face of the record can only be corrected by exercising review jurisdiction.
Yet another circumstance referred to in Order XLVII Rule 1 for reviewing a judgment has been described as "for any other sufficient reason". The said phrase has been explained to mean "a reason sufficient on grounds, at least analogous to those specified in the rule" (Refer: Chajju Ram v. Neki Ram17 and Moran Mar Basselios Catholicos and Anr. v. Most Rev.
Mar Poulose Athanasius and Others".
#
'
78
/ 2 ' %&%"&""
9 "&"(
(: &
;
2 "&""
)
'
/
- 9
)
%&%"&""
'
/
'
)
, )
1
/ '
< *
)
)
! "
#$%