Shri P.V. Shashidhar vs Allahabad Bank and Others

Pratap Kumar Ray, J.—In Court: Heard Mr. Banerjee, learned advocate appearing for the applicant. It appears that the review application has been filed in the application form by narrating the different facts from paragraphs 1 to 16 and necessary grounds for review in paragraph 17 along with subsequent further paragraphs of 18 and 19 with a prayer for issuance of the rules for reviewing the judgment dated 3rd September, 2008. This application also contains a certificate signed by the learned advocate.

Since the matter is in the Appellate Side of the High Court Calcutta, the Appellate Side Rules of Calcutta High Court is applicable. The Chapter X is the relevant provision stipulating the procedures and/or conditions for filing of review application.

The paragraphs 1 and 2 are relevant paragraphs which reads such -

The provision of Chapter IV shall apply, so far as may be, to every application for review.

Every application for review of judgment shall set forth plainly and concisely the grounds on which a review is sought, and shall contain a certificate by an advocate of the Court similar, mutatis mutandis, to that prescribed in appeals from appellate decrees (See Chapter V, Rule 6).

On a reading of Rule 1 and 2, it appears that the application must be in the form of Memorandum of Appeal similar to the appeal from the appellate decree. However, the learned advocate Mr. Banerjee has brought our attention about Rule 1 to submit that it could be in the form of application by narrating different facts in terms of Chapter IV as the Chapter IV has been made applicable and thereby the Rule 4 of the Chapter IV will allow application form. The Rule 4 of the Chapter IV which reads such -

Every application to the High Court, if founded on any statement of fact, shall set out the material facts, matters and circumstances on which the applicant relies.

On a bare reading of Rule 4, it appears that there is a provision that if founded on statement of facts, such material facts should be narrated. In the review application, there is no question of consideration of any new fact save and except in the case where review application is filed on the ground that the materials evidence of fact could not be produced before the Court wherein only there is a question of mentioning the facts with proper identification thereof. But when the review application is filed on the ground namely error apparent on the face of the record, there is no question to deal with any fact and making averments thereof in terms of Rule 4 aforesaid.

Having regard to such since the present review application is on the ground of error on the face of the record as it appears from the grounds, this review application is not in the proper form. As such the review application stands dismissed on that ground with a liberty to file a fresh application in accordance with law.

Since we granted leave to file fresh application in accordance with law, on the prayer of Mr. Banerjee, let certified copy as annexed in the review application be handed over upon taking a Xerox copy of the same which is to be kept with record.

Prasenjit Mandal, J.

I agree.

Review application dismissed.