Sakunjay Vyas
Published on: March 23, 2022, at 10:20 IST
The two-judge bench of Justice Dr. M.R. Shah and Justice B.V. Nagarathna of Supreme Court overturned decision passed by the Division Bench of the High Court of Madhya Pradesh, Principal Seat at Jabalpur Bench that had allowed the said review petition/application and recalled the prior order and has restored the said writ appeal to its file.
The Supreme Court recently ruled that a mere statement about an error on the face of record does not invoke the exercise of the review jurisdiction.
The two-judge bench of Justice Dr. M.R. Shah and Justice B.V. Nagarathna heard an appeal against the Division Bench of the High Court of Madhya Pradesh, Principal Seat at Jabalpur Bench that had allowed the said review petition/application and recalled the prior order and has restored the said writ appeal to its file; merely based on a statement regarding an error on the face of the record.
The Apex Court is of the opinion that the order pronounced by the High Court is a cryptic, non-reasoned, and non-speaking order. That no error has been observed or mentioned on the face of the record, which might call for interference.
“Nothing has been mentioned and/or observed as to what was that error apparent on the face of the record which called for interference.” the Court said.
The Apex Court stated that demonstration of an error apparent on the face of the record is more important than a mere statement stating the same. It is not disputed that the review jurisdiction can be exercised only in a case where it is found that there is an error apparent on the face of the record and not otherwise.
“…Merely stating that there is an error apparent on the face of the record is not sufficient. It must be demonstrated that, in fact, there was an error apparent on the face of the record.” the Court said.
As a result, the Apex Court overturned the decision passed by the Division Bench of the High Court of Madhya Pradesh, Principal Seat at Jabalpur Bench, stating that The matter is remitted to the Division Bench of the High Court to consider, decide and dispose of the said review application afresh, in accordance with law and on its own merits and within the parameters of the review jurisdiction and thereafter to pass a speaking and reasoned order.