Dismissed

Jasbir Singh Gumber v. Rajesh Arora

Chhattisgarh HC9 Jun 2024REVP/60/2024

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh dismissed a review petition because it lacked substratum. The court held that the petitioner sought to argue the case afresh on merits under the guise of review, which converts the review petition into an impermissible appeal and is not sustainable in law.

What did the court decide?

Review petition dismissed as lacking substratum and attempting to convert review into an appeal.

Jasbir Singh Gumber Vs Rajesh Arora — Civil Procedure and Limitation | Chhattisgarh HC (2024)

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Page 1 of 2

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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REVP No. 60 of 2024

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Jasbir Singh Gumber S/o Preetam Singh Gumber Aged About 57 Years Occupation Business R/o Main Road Nawagarh Tehsil Nawagarh, District : Bemetara, Chhattisgarh

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---- Petitioner

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Versus

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Rajesh Arora S/o Hazarilal Arora Aged About 49 Years R/o Beech Para Ward No.08 Nawagarh, Tahsil Nawagarh, Bemetara, District Bemetara (C.G.) (Defendant)

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Rajendra Puri Goswami S/o Churavan Puri Goswami Aged About 46 Years R/o Gaura Chaura, Ward No.08 Nawagarh, Tahsil Nawagarh, District Bemetara (C.G.) (Defendant)

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State of Chhattisgarh Through Collector Bemetara, District Bemetara (C.G.) (Defendant)

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--- Respondents

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For Petitioner : Mr. Vivek Kumar Tripathi, Advocate. For Res. No. 1 : Mr. Pallav Mishra, Advocate. For State : Mr. S.S. Baghel, Dy. Govt. Advocate.

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Hon'ble Shri Justice Narendra Kumar Vyas

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Order on Board

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10/06/2024

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The review petitioner seeks review of the order dated 10.01.2024 passed by this Court in WP (227) No. 124 of 2020.

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On going through the order dated 10.01.2024 passed in WP(227) No. 124 of 2020, it is manifest that after hearing the learned counsel for all the parties and after considering all the aspects of the matter, this Court has passed the order which is sought to be reviewed herein.

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I have heard learned counsel for the parties.

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Considering the submission made by the petitioner, there is

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Page 2 of 2

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neither any apparent mistake on the face of record nor any new fact which could not be produced earlier by the applicant despite diligent efforts made by the petitioner to attract the principle of review as provided under 47 Rule 1 CPC, is made out. 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.

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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, AIR 1995 SC 455, Lily Thomas etc. v. Union of India and others, AIR 2000 SC 1650, Ajit Kumar Rath v. State of Orissa and others, AIR 2000 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}.

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As a sequel, the review petition, sans substratum is liable to be and is hereby dismissed.

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Pending applications, if any, stand disposed of.

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Sd/(Narendra Kumar Vyas) Judge

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Arun

Jasbir Singh Gumber v. Rajesh Arora

Case brief

What is this about?

What did the court decide?

Jasbir Singh Gumber v. Rajesh Arora

Case brief

What is this about?

What did the court decide?

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