CHH HCN/A
AMITA SHAMBHARKAR - Appellantv.PANKAJ RAO SHAMBHARKAR - Respondent
CHHATTISGARH HIGH COURT·13 Jul 2018·( Prashant Kumar Mishra and Arvind Singh Chandel, JJ. )
Case No.
Decided On
Judges
Bench
Advocates
Citation
Statutes
Result
Review PetitionCondonation of DelayHindu Marriage ActManifest ErrorScope of ReviewAppeal vs. Review
Dismissal of a review petition against a judgment allowing a husband's appeal under Section 13 of the Hindu Marriage Act.
Review proceedings are not a substitute for an appeal and are strictly confined to correcting manifest errors on the record or introducing new facts not previously available despite diligent effort. A review petition cannot be used to re-argue the entire case.
1.JUDGMENT/ORDER
2.Ia No.01
3.This is an application for condonation of delay in filing the review petition.
4.For the reasons mentioned in the application (IA No.01), the same is allowed and the delay of 60 days in filing the review petition is condoned.
5.The matter is taken up for consideration in the chamber under provisions of sub-rule (2) of Rule 90 under Chapter VI of the High Court of Chhattisgarh Rules, 2007.
6.The review petitioner seeks review of the order dated 19.01.2018 passed by this Court in FAM No.135/2014 only on the ground that, in fact, on account of failure on the part of the prosecution, the husband (respondent herein) and his family members were acquitted. According to the review petitioner, while deciding the application filed by the husband under Section 13 of the Hindu Marriage Act, 1955, the Court below has rightly rejected the same after appreciating all the facts and circumstances of the case in its true perspective.
7.After going through the entire record of the first appeal, it is manifest that after appreciating all the grounds as well as the arguments advanced by both the parties, this Court allowed the first appeal filed by the husband by delivering a detailed judgment and set aside the judgment and decree passed by the Court below.
8.On consideration of the above-stated grounds, which are in the nature of taking liberty to re-argue the first appeal, the same are unsustainable in the eyes of law.
9.There is no other ground pointed out by the petitioner showing any manifest error on the record and has not further brought into the notice, any new facts, which could not be produced earlier despite diligent efforts made by the petitioner. It is well settled principles of law that 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 of the Code of Civil Procedure. Even in exercise of review jurisdiction by the High Court, the petitioner has not produced any ground for review.
10.It appears that the petitioner by presentation of this review petition seeks an opportunity to argue the entire case afresh on merits under the garb of the review petition, which is not permissible and tenable in law.
11.It is well settled principle of law that under the garb of review petition, the petitioner should not be permitted to argue the entire case afresh, which would amount to convert the review petition into an appeal and the same is not sustainable in law. (See: Meera Bhanjan v. Smt. Nirmal Kumar Chowdhary, (1995) AIR SC 455, Lily Thomas etc. v. Union of India and others, (2000) AIR SC 1650, Ajit Kumar Rath v. State of Orissa and others, (2000) AIR SC 85, Government of T.N. & Others v. M. Ananchu Asari and others, (2005) 2 SCC 332, and Kerla State Electricity Board v. Hitech Electrothermicsm & Hydropower Ltd. and others, (2005) 6 SCC 651.
12.As a sequel, the review petition, sans substratum is liable to be and is hereby dismissed.
13.Final Result : Dismissed
Meera Bhanjan v. Smt. Nirmal Kumar Chowdhary, (1995) AIR SC 455; Lily Thomas etc. v. Union of India and others, (2000) AIR SC 1650; Ajit Kumar Rath v. State of Orissa and others, (2000) AIR SC 85; Government of T.N. & Others v. M. Ananchu Asari and others, (2005) 2 SCC 332; Kerla State Electricity Board v. Hitech Electrothermicsm & Hydropower Ltd. and others, (2005) 6 SCC 651.