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2015 (8) TMI 1251 - HC - Indian LawsPetition under Order 47 Rule 1 read with Section 114 of the Code of Civil Procedure - review petition - review has primarily been sought on the ground that as per clause 11 of the Grant of Nautor Scheme, 1975, a restriction of only 15 years in respect of alienation was provided, whereas the Court has taken this period to be 20 years - Held that:- The questions now sought to be raised in this petition cannot be gone into because the power of review cannot be exercised on the ground that the decision is incorrect or erroneous on merit, as the same lies within the ambit of higher court having appellate power which alone is in a position to correct the error committed by the subordinate courts by virtue of power of appeal conferred on the said court by some statute, of course subject to the exception that the error is otherwise apparent on the face of record and not an error which has to be fished out and searched. Under the guise of review, the parties are not entitled to re-hearing and this Court while exercising power of review cannot sit in appeal over its own order. Having said so, it can safely be concluded that the petitioners have failed to make out a case within the four corners of Section 114 read with Order 47 Rule 1 of the Code of Civil Procedure. Accordingly, we find no merit in this Review Petition and the same is dismissed
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