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2025 DAILYLAW 7766 (RAJ)

VIRENDRA PRATAP SINGH S/O SHRI SURAJBAKSH SINGH v. KISHAN SINGH S/O MADHAV SINGH DIWAN

CRW/4/2025 · 2025-05-12

Ashok Kumar Jain

Review Petitionbody2025

Judgment text

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[2025:RJ-JP:20657] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Review Petition No. 4/2025 1. Virendra Pratap Singh S/o Shri Surajbaksh Singh, Aged About 76 Years, R/o Makan No. 72/73, Rathore Nagar, Queens Road Jaipur (Rajasthan) 2. Smt. Basant Kanwar W/o Virendra Pratap Singh, Aged About 72 Years, R/o Makan No. 72/73, Rathore Nagar, Queens Road Jaipur (Rajasthan) ----Petitioners Versus 1. Kishan Singh S/o Madhav Singh Diwan, R/o S.m. 77 New Sanganer Road Bypass Scheme Gurjar Ki Thadi Jaipur 2. Shivdan Singh S/o Namalum, Purv Adhyksh Shri Ganesh Grah Nirman Sahakari Samiti, Karyalay Pta Plot No. 60 Ganesh Nagar-A, New Sanganer Road, Sodala, Jaipur (Rajasthan) 3. Bhagirath Singh S/o Mukund Singh, Purv Mantri Shri Ganesh Grah Nirman Sahakari Samiti, Karyalay Pta Plot No. 60 Ganesh Nagar-A, New Sanganer Road, Sodala, Jaipur (Rajasthan) ----Respondents For Petitioner(s) : Mr. Ved Pal Shastri For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 12/05/2025 1. Instant review application is preferred by petitioners- defendants dissatisfied from order dated 17.01.2025 in S.B. Civil Revision Petition No. 126/2024. 2. Heard learned counsel for petitioner and perused the order dated 17.01.2025. [2025:RJ-JP:20657] (2 of 2) [CRW-4/2025] 3. The contention of learned counsel for petitioner is not for correction of any arithmetical and typographical error rather this review petition is filed to challenge the order dated 17.01.2025 passed on merits. 4. Normally, a review petition is not maintainable, if it is based solely on re-argument of the merits of the case. This Court after considering the merits of the case has disposed of the revision petition on 17.01.2025 and present review petition cannot be considered as an appeal. There is a limited scope of review and a review petition is not intended to substitute for proper appeal against the order. 5. In case of S. Nagaraj And Ors. vs State Of Karnataka And Anr. 1993 (4) SCC 595 Hon’ble Apex Court has explained the meaning of review as reexamination or reconsideration. The power of the Civil Court to review its judgment/decision is traceable under Section 114 and order 47 CPC but it imposes definitive limits to the exercise of the power. The scope and ambit of Section 114 was further explained by Hon’ble Supreme Court in case of Shri Ram Sahu (Dead) Through Lrs vs Vinod Kumar Rawat 2020 (12) Scale 415. 6. Having considered the submission, I am of the considered view that this review petition sans merit and same is liable to be dismissed. 7. In view of discussions made hereinabove, the instant review petition is hereby dismissed along with pending application(s), if any. (ASHOK KUMAR JAIN),J MONU /46