JUDGMENT : Dharam Chand Chaudhary, J. Heard. 2. This petition has been filed with a prayer to review the judgment dated 5.6.2015 passed by this Court in RSA No. 181 of 2002 whereby the appeal filed by the review petitioner has been dismissed. 3. The grounds, on which the judgment in question has been sought to be reviewed, in a nut shell, are that an application under Order 41 Rule 27 CPC filed by the review petitioner (appellants in the main appeal) for seeking permission to produce in evidence certain documents has escaped the notice of this Court while hearing arguments in the appeal and deciding the same vide judgment sought to be reviewed. Also that the additional evidence sought to be produced by the review petitioner is essentially required to prove that the entries in revenue records showing deceased Matha, the predecessor-in-interest of the respondents-defendants in the suit in joint possession of the suit land are without any basis being not made on the basis of order of competent authority. The appeal, according to the review petitioner could have not been decided without taking into consideration the said application. 4. It is well settled at this stage that the jurisdiction to review an order or judgment should be exercised cautiously and sparingly. It should be exercised when substantial cause of miscarriage of justice is made out. A party cannot seek review of a judgment on merits or on the plea that the judgment is dehors to the pleadings and evidence available on record. Review is permissible firstly when there is discovery of new evidence, secondly there is some mistake or error apparent on the face of the record and thirdly for any other sufficient reason having nexus with other grounds enumerated under the rules. A review is by no means an appeal in disguise whereby an erroneous decision is re-heard and corrected but lies only for patent error. The power to review cannot be exercised on the ground that the decision is erroneous on merits. An error apparent on the face of the record must be such an error which strike one on mere perusal of the record and would not require any long drawn process of reasoning on points where there may be conceivably two possible opinions.
The power to review cannot be exercised on the ground that the decision is erroneous on merits. An error apparent on the face of the record must be such an error which strike one on mere perusal of the record and would not require any long drawn process of reasoning on points where there may be conceivably two possible opinions. An order, procedural or substantive, if reviewed, the party in whose favour the same is decided is entitled to a hearing in the main matter. 5. Now, if the controversy is seen in the light of the above legal principles, the present is a case where an error is apparent on the face of the record because while considering the main matter i.e. RSA No. 181 of 2002, an application under Order 41 Rule 27 CPC registered as CMP No. 193 of 2012 had escaped the notice of this Court and could not be taken up for consideration therewith. However, the fault did not lie with the Court and rather attributed to the review petitioners because on the day of hearing of the appeal, neither they nor learned counsel representing them opted for putting appearance. The appeal as such was considered in their absence and decided on merits. Anyhow, the dismissal of the appeal without taking into consideration an application under Order 41 Rule 27 CPC filed by the review petitioners certainly tantamount to an error apparent on the face of the record. The present, as such, is a fit case where on acceptance of this petition, the judgment passed in RSA No. 181 of 2002 on 5.6.2015 deserves to be recalled and the appeal heard on merits along with the application as aforesaid. This petition, as such, is allowed. Consequently, the judgment dated 5.6.2015 passed by this Court in RSA No. 181 of 2002 is recalled. The appeal shall stand revived for fresh hearing along with the application under Order 41 Rule 27 CPC on merits. This petition is accordingly disposed of.