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2022 (4) TMI 1031 - HC - Indian LawsReview of Order - error apparent on the face of record or not - review of order in exercise of power under Order XLVII Rule 1 r/w Section 114 of the Code of Civil Procedure - Seeking direction to grant applicants/respondents pro-forma/notional promotion to the post of Principal Commissioners of Income Tax and consequential retirement benefits - HELD THAT:- While considering the provisions of Order 1 Rule XLVII of the Code of Civil Procedure in the case of S. BAGIRATHI AMMAL VERSUS PALANI ROMAN CATHOLIC MISSION [2007 (12) TMI 456 - SUPREME COURT] held that the error contemplated under Rule 1 of Order 47 CPC for permissibility of review must be such which is apparent on the face of the record and not an error which has to be fished out and searched. In other words, it must be an error of inadvertence. It should be something more than a mere error and it must be one, which must be manifest on the face of the record. When does an error cease to be mere error and becomes an error apparent on the face of the record depends upon the materials placed before the Court. If the error is so apparent that without further investigation or enquiry, only one conclusion can be drawn in favour of the applicant, the review will lie. Admittedly, in the present case, it is not the case of the review petitioners that there is error apparent on the face of the record to review the order dated 21st January, 2020 passed by the Co-ordinate Bench of this Court, but the reason for filing the review petition is only because of change of law in a subsequent decision by another Co-ordinate Bench of this Court which is impermissible in view of the provisions of Explanation of the Order XLVII Rule 1 of the Code of Civil Procedure. It is well settled that the first and foremost requirement while entertaining a review petition is that the order, review of which is sought, suffers from any error apparent on the face of the record and permitting the order to stand will lead to failure of justice. In the absence of any such error, finality attached to the judgment/order cannot be disturbed. An error, which is not self evident and to be detected by the process of reasoning, can hardly be said to be an error apparent on the face of the record, justifying the Court to exercise the power of review. The point raised in the present review petition is answered in the negative holding that the review petitioners have not made out any ground to review the order, in exercise of review powers under Order XLVII Rule 1 r/w Section 114 of the Code of Civil Procedure - Review petition dismissed.
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