KURIAN VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal arises from I.A. 507/88, seeking review of the order dismissing O.A. 151 of 1977, under sub-section 4 of S.7 of The Kerala Private Forests (Vesting and Assignment) Act, 1971, for short. The Vesting Act. The application aforesaid stands dismissed by the order under appeal.

(2.) Sub-section 4 of S.7 confers jurisdiction on the Tribunal to review any of its decisions, in the event of there being a mistake on the face of the record or correct any arithmetical or clerical error therein. The plain and unambiguous language employed in this sub-section would clearly indicate that the review contemplated thereunder is not the review which a defeated party can be had under O.47 R.1 C.P.C. In order to attract the application of this Section, the applicant shall establish that there is a mistake on the face of the record or there exists an arithmetical or clerical error in the order. It therefore follows that in a case where the mistake is not apparent on the face of the record, no review under this sub-section is possible. To say that an order can be corrected on the ground of arithmetical or clerical error, it should be established that that is an error that was committed by the court or the office of the court. A mistake apparent on the face of the record must also be an obvious and patent mistake and not something which can be established by a long drawn process of reasoning. To put it pithily the error must be an error apparent on the face of the record in that on the mere perusal of the records the mistake must be able to be detected. Not otherwise.

(3.) Coming to the facts of this case: We are of the view that the petition will not fall under this sub-section. We shall in this connection refer to the relevant grounds raised in the application: