This Court, in a review petition, dismissed the plea that an additional clause of a Concessionaire Agreement was ignored in the impugned judgment. The Court held that such non-consideration does not constitute an error apparent on the face of the record under Order 47 Rule 1 CPC.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Civil Review Petition No. 116/2019
State Of Rajasthan through its Chief Engineer (Roads), Public Works Department, Government of Rajasthan, Jaipur
----Petitioner-non claimant
Versus
M/s Ans Infrastructure Pvt. Ltd. having its office at E-2/B-1 Extension, Mohan Cooperative Industrial Estate, Mathura Road, New Delhi-110 014.
----Respondent-Review Petitioner-Claimant
For Review : Mr. Saransh Saini Petitioner(s)
HON'BLE MR. JUSTICE PRAKASH GUPTA HON'BLE MR. JUSTICE PANKAJ BHANDARI
Order
09/01/2020
This review petition has been filed for review of the judgment dated 22.8.2019 passed by the Coordinate Bench of this Court.
Learned counsel for the review petitioner submits that Additional Clause of the Concessionaire Agreement dated 8.7.2005, as mentioned at page 16 of the judgment dated 22.8.2019, has not been taken into consideration in its entirety, therefore, the impugned judgment dated 22.8.2019 is liable to be reviewed.
Heard. Considered.
Under Order 47 Rule 1 CPC a judgment / order can only be reviewed inter alia if there is a mistake or an error apparent on the face of the record. The scope of review under Order 47 Rule 1 CPC is very limited. In the considered opinion of this Court, non
[CRW-116/2019]
(2 of 2)
consideration of the Additional Clause of the Concessionaire Agreement dated 8.7.2005 in its entirety is not the ground for review.
For the aforesaid reason, we find no merit in this review petition. It is accordingly dismissed.
(PANKAJ BHANDARI),J
(PRAKASH GUPTA),J
DK/24
3 issues framed by the court
Whether non-consideration of an additional clause of the Concessionaire Agreement constitutes an error apparent on the face of the record warranting review.
Whether the scope of review under Order 47 Rule 1 CPC is broad enough to include this type of omission.
If this review petition is maintainable based on the alleged omission in the impugned judgment.
1 provisions across 1 enactments
State Of Rajasthan through its Chief Engineer (Roads), Public Works Department, Government of Rajasthan, Jaipur
M/s Ans Infrastructure Pvt. Ltd.
Prakash Gupta
Pankaj Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
