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2019 (11) TMI 1009 - KERALA HIGH COURTReview petition - Registration u/s 12AA denied - Charitable purpose u/s 2(15) - Payment of pension to the retired employees of the GCDA - the finding in the judgment sought to be reviewed that the employees of the GCDA are contributing to the Pension Fund and from out of that contribution, the employees and their dependents are getting pension, would not constitute a mistake apparent from the face of the record, coming within the review jurisdiction of this Court under Order XLVII Rule 1 of the Code of Civil Procedure, 1908. HELD THAT:- In Thungabhadra Industries Ltd v. Government of Andhra Pradesh [1963 (10) TMI 25 - SUPREME COURT] the Apex Court held that, review is, by no means an appeal in disguise, whereby an erroneous decision is reheard and corrected, but lies only for correcting patent errors. Later, in Lily Thomas v. Union of India [2000 (5) TMI 1045 - SUPREME COURT] the Apex Court reiterated that, the power of review can be exercised for correction of a mistake but not to substitute a view. The review cannot be treated like an appeal in disguise. The mere possibility of two views on the subject is not a ground for review. Whilst exercising the power of review, this Court cannot be oblivious of the provisions contained in Order XLVII, Rule 1 of the Code of Civil Procedure, 1908 and that, the limits within which this Courts can exercise the power of review have been well settled in a catena of decisions. Review petition dismissed.
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