The single judge dismissed a review petition dated 2015 asserting no mistake or error apparent in the coordinate bench's judgment, relying on settled principles against treating review as an appeal.
Review petition dismissed; pending application(s) disposed of.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Review Petition No.23 of 2015 Date of decision : 18.3.2015
Shri Som Dutt and another …Petitioners
Versus
Shri Krishanu Ram and others … Respondents.
Coram:
The Hon’ble Mr. Justice Sanjay Karol, Judge.
Whether approved for reporting?1 No.
For the Petitioners : Mr. G.D. Verma Sr. Advocate
with Mr. B.C. Verma, Advocate. For the Respondents : Mr. Purshotam, Advocate, vice, Mr. B.S. Thakur, Advocate for R-1.
Mr. Aman Parth Sharma, Advocate for R-5 (i) and R- 5(ii).
Sanjay Karol, Judge (Oral)
CMP(M) No.882/2014
For the reasons set out in the application,
delay of 3 days in filing the petition, which in my considered view has sufficiently been explained, is condoned. Petition be registered. Application stands disposed of.
Review Petition No.23/2015
I do not find any reason to interfere with the
well considered judgment rendered by a Coordinate
Bench. In my considered view, there is neither any
Whether reporters of Local Papers may be allowed to see the judgment?
…2…
mistake nor error apparent on the face of record or sufficient reason so as to take in its sweep, a ground analogous to those specified in the statutory provisions. There is no material error, manifest on the face of the order, undermining its soundness or resulting into miscarriage of justice. Review is not an appeal in disguise entitling the party to be reheard, simply because the party wants a decision to be otherwise.
March 18, 2015 (KS)
(Sanjay Karol), Judge.
2 issues framed by the court
Whether the Review Petition deserves condonation of delay and merits permission for review.
Whether any error apparent on the face of the record justifies setting aside the judgment.
Colour shows how this judgement treated each authority
Kamlesh Verma versus Mayawati and othersRelied on¶2
Kamlesh Verma versus Mayawati and others, (2013) 8 SCC 320 · Who else cites this
Akhilesh Yadav versus Vishwanath Chaturvedi and othersRelied on¶2
Akhilesh Yadav versus Vishwanath Chaturvedi and others, (2013) 2 SCC 1 · Who else cites this
Shri Som Dutt and another
Shri Krishanu Ram and others
Sanjay Karol
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
