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Head Note

The Code of Civil Procedure, 1908  - Order XLVII Rule (1)

Review - Held - The petitioner has not offered any explanation as to why it did not lead any evidence before the Reference Court to show that sale deed Exhibit P1 was not a bona fide transaction and the vendee had paid unusually high price for extraneous reasons. The parties had produced several sale deeds -However, the fact of the matter is that neither the advocate for the petitioner nor its officers/officials, who were dealing with the cases made any attempt to lead such evidence - That judgment dated 17.8.2023 does not suffer from any error apparent on the face of the record warranting its review. Surely, in guise of seeking review, the petitioner cannot ask for de novo hearing of the appeals.

The Land Acquisition Act, 1894  - Section 4 (1) , The Code of Civil Procedure, 1908  - Order XLVII Rule (1)

Review - "mistake or error apparent" - Mere discovery of new or important matter or evidence is not sufficient ground for review ex debito justitiae - Held:- The party seeking review has also to show that such additional matter or evidence was not within its knowledge and even after the exercise of due diligence, the same could not be produced before the court earlier - To put it differently an order or decision or judgment cannot be corrected merely because it is erroneous in law or on the ground that a different view could have been taken by the court/tribunal on a point of fact or law. In any case, while exercising the power of review, the court/tribunal concerned cannot sit in appeal over its judgment / decision.

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