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Rajenbhai Baldevbhai Shah vs Baijiben Kabhaibhai Patanwadia and Others

Civil Appeal · 2022 INSC 869Decided 25 Aug 2022
Civil Appeal Nos. 2575 of 2020

Background

The petitioner sought review of the Supreme Court's own earlier judgment and order dated 15 June 2020 in Civil Appeal Nos. 2575 of 2020, which had extensively dealt with the underlying dispute between the parties. The petitioner also asked that the review petition be listed for an open-court hearing, and there was some delay in filing the review petition itself.

Decision Breakdown

The Court condoned the delay in filing the review petition but rejected the request for an open-court hearing. On examining the grounds raised, it held that they did not disclose any "error apparent on the face of the record": the narrow standard required to succeed in a review petition, which cannot be used to reargue a case on its merits. The review petition was accordingly dismissed, leaving the Court's original 2020 judgment undisturbed.

Lesson Learnt

A review petition before the Supreme Court is not a second chance to re-argue a lost case. It succeeds only where there is a manifest, self-evident error on the face of the original record, and courts will not reopen a decided matter merely because a party disagrees with the outcome.

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

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