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2014 (4) TMI 801 - DELHI HIGH COURTReview petition - Appellant seeks review that property at G-58, Sector-6, Noida was not allotted to the company in the family settlement but was allowed to respondent Nos.2 & 3 but the Court records to the contrary - Held that:- The question whether the claim made on the basis of a lease deed stated to have been entered into on 27.07.1982, which is filed not in the course of the appeal proceedings, but only with the review petition, can be entertained and it can be held that the property could not have been the subject matter of the family arrangement is a question which requires to be examined in detail and, therefore, cannot be gone into while exercising the power of review. The error must be manifest on the face of the judgment and should be so clear that no Court would permit such an error or mistake to remain on record. The lease document dated 27.07.1982 admittedly was not before the Court at the time when the appeal was decided. The review petitioner himself had accepted the family settlement for a period of 15 to 16 years and did not raise any question. The review petition itself states that the said lease document is being placed on record along with the review petition. It thus appears to me that I cannot examine the claim under Section 114 of the CPC as it would involve a detailed factual investigation which is beyond the scope of Section 114. - Decided against appellant.
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