Research › Search › Judgment

Orissa High Court · body

2008 DIGILAW 95 (ORI)

Babulal Agarwal v. Secretary to Government of Orissa, Revenue Department

2008-01-31

I.M.QUDDUSI, S.PANDA

body2008
ORDER 31.1.2008 — This review application has been filed by the writ petition¬er to review the judgment dated 20.12.2007 passed in W.P.(C) No.5135 of 2007 whereby this Court dismissed the writ petition filed by the petitioner being devoid of merit. The learned counsel for the review petitioner submits that he was not able to place some decisions of the Supreme Court at the time of hearing of the writ application. As such, the afore¬said order needs further consideration. Law is well settled that the omission to cite an authority of law is not a ground to review the earlier judgment saying that there is an error apparent on the face of the record since learned counsel has committed an error in not bringing to the notice of the Court the relevant precedent (See Dokka Samuel v. Dr. Jacob Lazarus Chelly reported in (1997) 4 SCC 478 ). No doubt, review can be maintainable on the ground of dis¬covery of new and important matter or evidence which after the exercise of due diligence was not within the knowledge, or could not be produced at the time of judgment but not on the ground that the legal authority in existence on the date of judgment could not be brought to the notice of the Court. Also no review can be asked on the ground of discovery of new authority which shows that decision is not correct. It goes without saying that the purpose of review application cannot be “rehearing” for the purpose of saying whether a different conclusion on merits could be adopted. Considering the same, the review application is dismissed accordingly. Review application dismissed.