Amar Singh vs Mouji Ram & Anr

Tarlok Singh Chauhan, J

CMP(M) No. 178 of 2021

Heard. Record reveals that prior to filing of the instant review petition, the petitioner/applicant had approached the Hon'ble Supreme Court by filing SLP (C) No. 1152 of 2020, which came up for consideration before the Hon'ble Supreme Court on 24.01.2020 and the following order came to be passed:-

"ORDER

Learned counsel for the petitioner seeks to withdraw the Special Leave Petition as he states that he would like to move the High Court for review based on some documents which he wants to file.

The Special Leave Petition is dismissed as withdrawn in terms aforesaid."

It was thereafter the review petition has been filed. Accordingly, the delay of 169 days in filing of the review petition is condoned. Application is disposed of.

Review petition be registered.

CMP No. 429 / 2021 & Review Petition No. 27/2021

Heard. A perusal of the review petition clearly reveals that there is no specific ground set out in the review petition, however, it is orally submitted by Mr. Naresh Kumar Tomar, learned Advocate, that since the judgments rendered by the Courts below including this Court were based on the premise that the petitioner has failed to produce on record, the sale deed, now the petitioner has filed a separate application being CMP No. 429 of 2021, for placing on record the sale deed.

Order 47 Rule 1 CPC reads as under:-

"Application for review of Judgment-(1) Any person considering himself aggrieved-

(a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred,

(b) by a decree or order from which no appeal is allowed,

or

(c) by a decision on a reference from a Court of Small Causes, and who from the discovery of new and important matter or evidence which after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on the face of the record, or for any other sufficient reason, desires to obtain a review of the decree passed or order made against him, may apply for a review of judgment to the Court which passed the decree or made the order.

(2) A party who is not appealing from a decree or order may apply for a review of judgment notwithstanding the pendency of an appeal by some other party except where the ground of such appeal is common to the applicant and the appellant, or when, being respondent, he can present to the Appellate Court the case of which he applies for the review.

Explanation-That fact the decision on a question of law on which the judgment of the Court is based has been reversed or modified by the subsequent decision of a superior Court in any other case, shall not be a ground for the review of such judgment."

It is more than settled that an application on the ground of discovery of new and important matter or evidence has to be treated with great care and cautions.

In addition thereto, before the review petition is allowed on the ground of discovery of new evidence, it must be established that the applicant had acted with due diligence and the existence of the evidence was not within his knowledge, but if it is found that the applicant is not acted with due diligence, then, it is not open to the Court to admit evidence on the ground of sufficient cause.

The record reveals that in addition to other grounds one of the main grounds for rejection of the claim of the petitioner was that he had failed to produce the sale deed. Once that be so, obviously, he was not only having the knowledge but even has the custody of the document, but despite due diligence, he failed to produce the same on record.

Since, the material now sought to be produced on record i.e. sale deed was already within the knowledge and reach of the petitioner and yet he failed to place the same on record, it is not open to the Court to admit evidence on the ground of sufficient cause.

As regards the judgment, since there is no error on the face of record, the present review petition is ordered to be dismissed. Pending application(s), if any, also stands disposed of.