Srinagar, Mar 21: The High Court of Jammu & Kashmir and Ladakh held that an erroneous view of law is not a ground for review and a court cannot rehear and correct an erroneous judgment by way of a review.
A court of Justice Sanjay Dhar passed the observation in a review petition seeking review of judgment passed by it on December 23, last year whereby Civil First Appeal filed by the petitioners against the judgment and decree passed by the Additional District Judge, Srinagar, has been dismissed.
The court said that review of a judgment can be made only when it is shown by the aggrieved person that a new and important matter and evidence which, after exercise of due diligence, was not within his knowledge or could not be produced by him, has been discovered or if there is some mistake or error apparent on the face of record or for any other sufficient reason which has to be a reason analogous to the first two reasons.
Perusing the material on record, the court underscored that review petitioners intend that this court should re-appreciate the evidence led by the parties before the trial court.
Taking note of the grounds of review projected in the petition, the bench noted the petitioners have throughout pleaded and contended that this court has not properly appreciated the statements of the witnesses recorded before the trial court.
“I am afraid the scope of review cannot be extended to re-appreciation of the evidence led by the parties before the trial court nor can this Court, in exercise of its power of review, sit over its own judgment regarding interpretation of a document,” Justice Dhar said.
Adding, “The petitioners, it appears, are under the garb of filing the instant petition, trying to persuade this Court to entertain Second Appeal against the judgment passed by the trial court, which is impermissible in law.”
The court said that under the guise of a review petition, the petitioners have tried to persuade this Court to rehear the issues that have already been decided.
“I am of the firm opinion that even if it is assumed that the view taken by this Court on any point or any issue is not correct, the same cannot be a ground for review of the judgment, though it may be a ground for appeal,” Justice Dhar said while dismissing the plea.
