(1.) THIS petition under Article 227 of the Constitution of India has been directed against the order dated 18th February 2008 of the trial court whereby the trial court dismissed the application of the petitioner for review of the order dated 14th September 2007. In the order, the learned trial court observed that the petitioner sought review on the ground that he now discovered certain documents, as well as on the ground that there was an error apparent on the face of record. The learned trial court dismissed the application holding that there was a distinction between erroneous decision and an error on the face of record. The petitioner had failed to point out any error apparent on the face of record. Regarding discovery of new facts, the learned trial court came to conclusion that a new fact is the one which was not earlier in the knowledge of the party. In the present case, all the facts stated by the applicant were already in the knowledge of the applicant and by way of the review application, the applicant cannot rely upon those facts which were in his knowledge but were not taken up previously. By supplying deficient particulars subsequently, the litigant cannot unsettle the previous order.
(2.) THE petitioner has urged in this petition that the act of review is an act of looking again into into the order with a view to correct or improve upon and the trial court could not have refused to entertain the subsequent discovery of new and important facts which were placed on record by way of affidavits of two advocates of the petitioner.
(3.) THE ambit and scope of power to review, as envisaged under Order 47 rule 1 of the CPC, is very limited and review has to be confined strictly only to the error apparent on the face of record. Reappraisal of evidence on record for finding out an error, does not amount to review but amounts to rewriting the decision by the same Court. The review of a judgment/order on the basis of new evidence is also not permissible where it is found that the new evidence was not available at the time of original hearing.