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Civil ProcedureSupreme Court of India

Asharfi Devi (D) Thr. LRs. v. State of U.P. Through Collector/District Magistrate

Civil Appeal · 2019 INSC 124Decided 1 Feb 2019
Civil Appeal No. 5217 of 2010
Justice Abhay Manohar Sapre · Justice Dinesh Maheshwari

Background

The appellant's predecessor owned land that was declared surplus under the Urban Land (Ceiling and Regulation) Act, 1976, and the State claimed to have taken possession of it in 1982. After the Ceiling Act was repealed in Uttar Pradesh in 1999, the original owner filed a writ petition arguing that since she remained in possession of the land even after repeal, the ceiling proceedings against her had lapsed. The Allahabad High Court dismissed the writ petition in 2008, and a subsequent review application against that dismissal was also rejected by the High Court in December 2008. The legal heirs then appealed to the Supreme Court, but only against the review order, not the original dismissal.

Decision Breakdown

The Supreme Court held that because the appeal was directed only against the order rejecting the review application (and not the original order), its scrutiny was confined to whether that original order suffered from an "error apparent on the face of the record" under Order 47 Rule 1 of the Code of Civil Procedure, the narrow standard for review, not whether the original decision was correct on merits. The Court found the appellants were effectively trying to re-argue the entire original case as if it were a regular appeal, which is impermissible in a review-arising appeal. Since the High Court had already found that the original owner failed to prove continued possession on the date of repeal, and no apparent error was shown, the Supreme Court concluded the review was rightly rejected and upheld it.

Lesson Learnt

A review petition is not a second chance to re-argue a case on its merits: it is a very narrow remedy limited to correcting an error that is obvious on the face of the record; if you want to challenge the original order itself, you must appeal that order directly, not just the later rejection of your review application.

Asharfi Devi (D) Thr. LRs. v. State of U.P. Through Collector/District Magistrate – Legal Case Shots | LegalAware