ERROR WHICH IS NOT SELF-EVIDENT AND HAS TO BE DETECTED BY REASONING NOT 'ERROR APPARENT' FOR EXERCISING POWER OF REVIEW: DELHI HIGH COURT
The Delhi High Court has observed that the grounds listed in Order XLVII Rule 1 of the Code of Civil Procedure must be satisfied for seeking review of orders entered in a civil case. To be covered by the provisions of Order XLVII Rule 1 of the CPC, an "error" must be apparent on the face of the record and must be a patent error that can only be investigated in review procedures. An error that is not self-evident and requires a process of thinking to detect cannot be described as an error apparent on the face of the record. A petitioner cannot seek the same relief in a review that was sought at the time of the main matter's argument and which had been rejected. Fresh and additional material cannot be pressed into service to seek a review of an order. Minor mistakes of inconsequential importance are insufficient to seek a review under this section.
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