The Gauhati High Court has declined to consider a review petition challenging a maintenance order filed under Order 47 Rules 1, 2 and Section 151 of the Code of Civil Procedure. The court noted that the petition did not provide any valid grounds for review. Justice Parthiv Jyoti Saikia, presiding over a single-judge bench, stated that an appeal could not be disguised as a review petition.
The petitioner had filed a petition under Order 47 Rules 1, 2, and Section 151 of the Code of Civil Procedure to review the High Court’s order, citing the unaffordable nature of the imposed amount of Rs. 12,000.
However, after referring to the relevant provisions and considering the Supreme Court’s judgment in Union of India v. Sandur Manganese & Iron Ores Ltd. (2013) 8 SCC 337, the court noted that a review petition can only be allowed under the following circumstances:
- The petitioner has discovered new matter or evidence that they could not have known despite due diligence.
- Although the petitioner had knowledge of such matter or evidence, they could not present it to the court during the original judgment or order.
- There is an error or mistake on the face of the record, or there are sufficient grounds for review.
- The court concluded that none of the above-mentioned grounds for review existed in the case and, therefore, dismissed the petition for being without merit.
Source: https://www.livelaw.in/news-updates/gauhati-high-court-review-petition-maintenance-order-section-151-of-cpc-no-grounds-224469
