State of Kerala v. M/S. Surya Constructions
Case brief
What is this about?
Kerala High Court Division Bench (Sathish Ninan & Shoba Annamma Eapen, JJ.) dismisses State of Kerala's review petition RP No. 353 of 2025 against judgment dated 14.02.2025 in RFA No.223 of 2024 (State of Kerala v. M/s. Surya Constructions, PWD works dispute). Key phrases: 'error apparent on the face of the record', 'review is not to be an appeal in disguise', 'rehearing', maintainability of appeal, contentions already urged, review dismissed. Useful for propositions on the limited scope of review and bar on rehearing under the guise of review.
What did the court decide?
As repeatedly cautioned by the Apex Court, a review is not to be an appeal in disguise to enable a rehearing; the contentions urged in the review had already been urged before this Court while arguing the maintainability of the appeal. ¶27