AIR 1998 RAJASTHAN 302

Rajasthan High Court

Hon'ble Judge(s): Arun Madan , J

Civil P.C. (5 of 1908) , S.114, S.115, O.47 R.1— Review - Scope is limited and confined to certain grounds - Interlocutory order maintaining status quo - Revision against, dismissed - Review also not maintainable. The scope of the power of review as envisaged under O. 47, R. 1, C. P. C. is very limited and the review must be confined strictly only to the errors apparent on the face of the record. Re-apparaisal of the evidence on the record for finding out the error would amount to exercise of appellate jurisdiction, which is not permissible by the statute. The review proceedings are not by way of an appeal and have to be strictly confined to the scope and ambit of O. 47, R. 1, C. P. C. The scope for exercise of power by High Court while dealing with and deciding a review petition is very limited confined within the four corners of the statute.(Para 23) In the instant case the Civil Judge had passed @page-Raj303 an interlocutory order directing the parties to maintain status quo during the pendency of the suit and the rights of the parties on merits had yet to be determined by the Court. The revision against the said order was dismissed by the High Court and on filing review petition it was held that this is not a case, which calls for any interference by High Court in exercise of its either the inh....