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Nagendra vs Ashok and Anr.

Review Petition (Civil) · 2022 INSC 456Decided 20 Apr 2022
Review Petition (Civil) No. 463 of 2022
Uday Umesh Lalit · K.M. Joseph · Lalit

Background

The petitioner had lost a suit for specific performance of a contract, first before the trial court (which decreed against him), then in the first appellate court, and again in a second appeal before the High Court. His special leave petition against these concurrent findings was also dismissed by the Supreme Court after a full hearing. He then filed this review petition asking the Court to reconsider its own dismissal.

Decision Breakdown

The Supreme Court held that a review petition can succeed only if there is an "error apparent on the face of the record": a narrow ground, not a chance to re-argue the case. On going through the grounds raised, the Bench found no such apparent error and accordingly dismissed the review petition, leaving the earlier decisions (and the underlying decree for specific performance) undisturbed.

Lesson Learnt

A review petition is not a second appeal in disguise. The Supreme Court will only reopen a dismissed matter if there is a manifest, self-evident error on the record, not merely because a litigant disagrees with the outcome.

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

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