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Uncategorized (needs manual review)Supreme Court of India

L. Narasimhaiah vs The Divisional Controller, Mysore Urban Division

Review Petition (Civil)Decided 1 Nov 2022
Review Petition (Civil) No. 1368 of 2022
Uday Umesh Lalit · Ajay Rastogi · Aniruddha Bose

Background

L. Narasimhaiah's Special Leave Petition against the Divisional Controller, Mysore Urban Division had earlier been disposed of by the Supreme Court after considering both sides' submissions and the material on record. Dissatisfied with that outcome, he filed a review petition asking the Court to reconsider its own earlier order, along with an application seeking an open-court hearing of the review and an application to condone the delay in filing it.

Decision Breakdown

The Court condoned the delay in filing the review petition but rejected the application for an open-court hearing. On the merits of the review itself, the Court held that the grounds raised did not disclose any "error apparent on the face of the record", the narrow legal standard required to succeed in a review petition, and therefore dismissed the review petition, leaving the original disposal of the case undisturbed.

Lesson Learnt

A review petition is not a second chance to re-argue a case on its merits; it succeeds only where there is a manifest, self-evident error in the original order, and without that narrow threshold being met, courts will decline even to hear the review in open court.

L. Narasimhaiah vs The Divisional Controller, Mysore Urban Division – Legal Case Shots | LegalAware