Review power of High Court

Review Power of High Court under Order 47 Rule 1 of the Civil Procedure Code 1908


 

The Supreme Court while considering the scope of review power of High Court under Order 47 Rule 1 of CPC, in Meera Bhanja v. Nirmala Kumari Choudhury, held as under:-

“The review proceedings are not by way of any appeal and have to be strictly confined to the scope and ambit of Order 47 Rule 1 CPC. The review petition of error apparent on the face of the record and not on any other ground. An error apparent on the face of the record must be such an error which must strike one on mere looking at the record and would not require any long drawn process of reasoning on points where there may conceivably be two opinions.

The limitation of powers on court under Order 47 Rule 1, CPC is similar to jurisdiction available to the High Court while seeking review of the orders under Article 226 of the Constitution.”

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