UNION OF INDIA Vs. MD GUFRAN

JUDGEMENT

(1.) This review application has been filed for reviewing the order dated 15.02.2017, passed in M.A. No.58 of 2015, whereby interest @9% has been awarded on the compensation amount of Rs.4,00,000/- (Rupees four lakhs).

(2.) Learned counsel, for the petitioner, while relying on the decision in the case of Tahzhthe Purazil Sarabi & Ors. Vs. Union of India & Anr., 2009 ACJ 2444, has submitted that 6% interest should have been awarded on the compensation amount. It is submitted that the claim application was filed in the court below on 16.05.2002 and the judgment was passed on 16.05.2013, hence, the railway cannot be held liable for the delay in the adjudication of the case.

(3.) Heard. In terms of provisions of Order XLVII Rule 1 of the Code of Civil Procedure, the scope of review is very limited and such power of review must be exercised within the framework of Section 114 read with Order 47 of the Code of Civil Procedure. The power of review may be exercised on the discovery of new and important matter or evidence which, after the exercise of due diligence was not within the knowledge of the person seeking the review or could not be produced by him at the time when the order was made. It can be exercised where there is some arithmetical or clerical mistake or error apparent on the face of the record. However, the prayer of review cannot be exercised on the ground that the decision was erroneous as such an issue can be challenged before the appellate forum.