Asha Krishnan v. Beena
Case brief
What is this about?
Review petition challenging a judgment in a writ petition by submitting fresh documents to show an apparent error on the face of the record. The court held that review cannot be based on fresh materials and dismissed the petition.
What did the court decide?
Review petition dismissed; no orders against the underlying writ judgment.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931
RP.No. 666 of 2009(O) ------------------------------AGAINST THE JUDGEMENT/ORDER IN WPC.13699/2009 DATED 18/06/2009. .................... REVIEW PETITIONER/RESPONDENT: ---------------------------------------------------ASHA KRISHNAN, AGED 35 YEARS, D/O.MEENAKSHIAMMA, SAI KRISHANA, THANNALLOOR MURI, PANDALAM VILLAGE, ADOOR TALUK, REP BY POWER ATTORNEY, MEENAKSHIAMMA, AGED 64 YEARS, SAI KRISHNA,THONNALLOOR MURI, PANDALAM VILLAGE, ADOOR TALUK,PATHANAMTHITTA DIST. BY ADV. MR.N.N.SASI
RESPONDENTS/WRIT PETITIONERS:
----------------------------------------------------
1. BEENA AGED 35 YEARS, W/O.MANOJKUMAR, LAKSHMIVILASOM, BHARANIKKAVU THEKKUM MURI, MAVELIKARA TALUK, NOW RESIDING AT DEEPA BHAVAN, NJETTOOR MURI, KULANADA VILLAGE,KOZHENCHERY TALUK.
2. DILEEP KUMAR, AGED 35 YEARS, S/O.SIVANPILLAI, DEEPA BHAVAN, NJETTOOR MURI, KULANADA VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA.
BY
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 15/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Issues for consideration
2 issues framed by the court
Whether a review petition based on documents produced as fresh material to show apparent error on the face of the record is maintainable.
Whether grounds alleging error apparent on the face of the record which require scrutiny of reasoning or fresh material satisfy the scope of review under Order 47 Rule 1 CPC.
Parties & counsel
- petitioner
Asha Krishnan
- other
Meenakshiamma
- respondent
Beena
- respondent
Dileep Kumar
Coram
Case details
As recorded by the court registry
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