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2015 (10) TMI 2608 - MADRAS HIGH COURTPower of review - error apparent on the face of record - Held that: - The power of review under Order 47, Rule 1, CPC may be opened inter alia, only if there is a mistake or an error apparent on the face of the record. The said power cannot be exercised as is not permissible for an erroneous decision to be "reheard and corrected". A review application also cannot be allowed to be "an appeal in disguise". Similarly, the error apparent on the face of the record must be such an error, which must strike one on mere looking at record and would not require any long drawn process of reasoning on points, where there may conceivably be two opinions. The power of review may be exercised of 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 may be exercised where some mistake or error apparent on the face of the record is found; it may also be exercised on any analogous ground. Mere discovery of new or important matter or evidence is not sufficient ground for review ex debito justitiae. Not only this, the party seeking review has also to show that such additional matter or evidence was not within its knowledge and even after the exercise of due diligence, the same could not be produced before the Court earlier. An order or decision or judgment cannot be corrected merely because it is erroneous in law or on the ground that a different view could have been taken by the Court/Tribunal on a point of fact or law. In any case, while exercising the power of review, the concerned Court/Tribunal cannot sit in appeal over its judgment/decision. When this Court comes to a conclusion that there is no contempt of Court committed by the customs department, it is not appropriate to proceed with the contempt proceedings against the customs department. The statutory appeal preferred by the customs department as against the order impugned in the writ petition, is pending before the Tribunal and the matter requires to be disposed of on merits, this Court feels it appropriate to direct the parties to participate in the appeal proceedings pending before the Tribunal and workout their remedy - appeal allowed by way of remand.
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