JOY DEV MAJHI Vs. UNION OF INDIA

JUDGEMENT

(1.) In this application the applicant has prayed for review and/or recall of the Judgment and/or order dated 14th June, 2005 passed by the Division Bench of this Court in the instant Mandamus Appeal being MAT No.009 of 2005.

(2.) Before entering into the merit of this application for review I must keep in mind that the Court cannot be oblivious about the scope of review of its own order and/or Judgment under section 114 read with Order 47 Rule 1 of the Code of Civil Procedure.

(3.) Review cannot be equated at par with the appeal. The scope and/or ambit of interference in appeal is much more wider than that of review. In appeal, the Appellate Court is absolutely free to consider the legality and/or validity of the order impugned in the appeal. Both mistake of law and fact can be rectified in appeal. But the power of the Court to reivew its own Judgment is circumscribed by limitation as prescribed under section 114 read with Order 47 of the Code of Civil Procedure.