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Judgment
Present review petition is directed against the order passed by this Court in M.P. No.4586/2019 on 12/12/2019. The petitioner was the sole decree
holder and it was dismissed by the order impugned of the trial Court dated 24/07/2019.
Facts leading to petition have already been referred to in the impugned order dated 12/12/2019 and they do not call for repetition.
I have heard learned counsel for petitioner at length on the present review petition. Learned counsel for the petitioner submitted that the order
impugned suffers from an error on the face of record requiring review.
Scope of a review is well settled. In a review, Court has only a limited jurisdiction circumscribed by the definitive limits. A review petition may be
allowed either on subsequent discovery of new and important evidence which after the exercise of due diligence, was not in knowledge of the party
seeking review or error apparent on the face of the record. It is equally well established that while exercising power of review on the ground of error
apparent on the face of record, the Court cannot sit in appeal over its own decision and rewrite a second judgment. Scope of review has been
discussed in detail by a Full Bench of this Court in Commissioner of Sales Tax vs. Hukumchand Mills reported in 2004(2) M.P.L.J. 492.
Now in the light of settled principle of law, in my considered opinion there is no merit and substance in this review petition. Cases in Court are heard
and decided only once. To make a departure from this salutary rule, review petition must strictly fall within the established parameters. If petitioner
felt that the impugned order of this Court was erroneous, remedy certainly was not the review in view of law laid down by the Full Bench Supra.
Moreover, in the present case, prior to filing of the execution proceedings, the father of the petitioner had sold the land vide sale-deed dated
24/03/2017, therefore also, review is not permissible.
In view of the foregoing discussion, I find that no case is made out for review. Present petition is nothing but an attempt to over reach the impugned
order. This cannot be permitted in the garb of a review petition. This Court frowns upon such frivolous petitions. Accordingly, present review petition
fails and is hereby dismissed summarily.