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Military Dairy Farm, Jabalpur v. Dhan Prasad Yadav

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 4404-4405 of 2010)Decided 2 Mar 2016
Civil Appeal Nos. 4404-4405 of 2010
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

The appellant (Military Dairy Farm, Jabalpur) had lost before the High Court in a Letters Patent Appeal (L.P.A. No. 668 of 2004) decided on 24.09.2004. It then filed a review petition asking the High Court to reconsider that order, which the High Court dismissed. The appellant challenged that dismissal of the review petition before the Supreme Court.

Decision Breakdown

The Supreme Court held that the High Court, in its review jurisdiction, had considered the contentions in detail and correctly found no error in its original judgment warranting interference. The High Court had also rightly held that subsequent events cannot be a ground for review. Finding no error in the High Court's approach in exercising its limited review jurisdiction, the Supreme Court dismissed the appeals with no order as to costs.

Lesson Learnt

A review petition is not a second chance to re-argue a case on its merits: it is a limited remedy, and courts will not entertain review based on events that happened after the original judgment was passed.

Official source (sci.gov.in)View Judgment (PDF)

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