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Judgment
C.S Dias, J
The review petition is filed to review the judgment dated 14.7.2022 passed in OP(C)No.1145/2022.
The review petitioner has averred in the review petition that when the original petition was taken up for consideration, the learned counsel appearing for the petitioner was engaged in another Court. Therefore, he could not argue the contentions averred in the original petition. However, this Court, by the impugned judgment, has dismissed the original petition holding that there is no ground to interfere under Article 227 of the Constitution of India. There is an error apparent on the face of record. Hence the review petition.
Heard; Sri.Santheep Ankarath, the learned counsel appearing for the review petitioner and Sri.P.A Mohammed Shah, the learned counsel appearing for the respondent.
The learned counsel appearing for the review petitioner drew the attention of this Court to the decision of this Court in Anthoyokkya Viswasa Samrakshana Samithi vs. Paulose [ILR 2013 Ker 982], wherein it is held that the documents sought for discovery and inspection under Order XI of the Code of Civil Procedure should be one that is germane to the issue at hand .
In the case at hand, the documents sought for are not at all relevant for deciding the suit. This crucial aspect was not brought to the notice of this Court or considered in the judgment. Hence, there is an error apparent on the face of the judgment.
On a consideration of the averments in the review petition and hearing the submission of the learned counsel appearing for the parties, I am satisfied that the petitioner has made out a case that there is an error apparent on the face of the judgment. Hence, the review petition is allowed. The judgment dated 14.7.2022 in OP(C)No.1145/2022 is recalled. The original petition shall stand forthwith re-opened.