Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:4287
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 5 of 2025 Ramkumar S/o Punau Aged About 53 Years Occupation- Agriculturist, R/o Ward No.- 1, Matapara Navagarh, Tahsil- Navagarh, District- Bemetara (C.G.)
... Petitioner(s) versus 1 - Sukwaro Bai @ Kunj Bai W/o Umashankar Aged About 68 Years Caste- Satnami, Occupation- House Wife, R/o Ward No. 1 Matapara Navagarh, District- Bemetara (C.G.) (Plaintiff) 2 - State Of Chhattisgarh Through- Collector, Bemetara, District- Bemetara (C.G.)
... Respondent(s) For Applicant : Mr. Vaibhav A. Goverdhan For State : Ms. Mukta Tripathi, Panel Lawyer S.B.: Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board 23/01/2025
1. This review petition is filed seeking review of the judgment dated 28.11.2024 passed in Second Appeal No.361 of 2022 whereby second appeal preferred by the petitioner/appellant came to be dismissed. Digitally signed by PRAVEEN KUMAR SINHA
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2. Learned counsel for the petitioner/appellant submits that the
judgment sought to be reviewed is passed without proper appreciation of evidence of PW-1 and the other documentary evidence.
3. Considered the submission of learned counsel for the petitioner/appellant.
4. The ground raised seeking review of the judgment dated 28.11.2024 is subject matter of appeal and it cannot be considered in the review jurisdiction. Scope of review as provided under Order 47 Rule 1 of CPC is very limited.
5. In the case of Asharfi Devi (dead) through LRs Vs. State of Uttar Pradesh and Ors. reported in (2019) 5 SCC 86, Hon’ble Supreme Court held thus:
“18. It is a settled law that every error whether factual or legal cannot be made subject matter of review under Order 47 Rule 1 of the Code though it can be made subject matter of appeal arising out of such order. In other words, in order to attract the provisions of Order 47 Rule 1 of the Code, the error/mistake must be apparent on the face of the record of the case.”
6. In view of the above, I do not find any merit in this review petition to review the order passed in second appeal in exercise of review jurisdiction.
7. The review petition is accordingly dismissed.
Sd/-Sd/- (Parth Prateem Sahu) Judge
Praveen