Case Note & Summary
The case pertains to a suit for specific performance of contract decreed by the Trial Court, which was affirmed by the lower appellate court. The High Court dismissed the second appeal, finding no merit. The petitioner challenged these decisions by filing a Special Leave Petition (SLP) before the Supreme Court, which was dismissed after hearing counsel. Subsequently, the petitioner filed a Review Petition (Civil) No.463 of 2022 in the same SLP, seeking review of the dismissal order. The Supreme Court, after examining the grounds raised in the review petition, found that they did not disclose any error apparent on the record. Consequently, the Court dismissed the review petition, upholding the concurrent findings of the courts below. The judgment was delivered by a bench comprising Justice Uday Umesh Lalit and Justice K. M. Joseph on April 20, 2022.
Headnote
A) Civil Procedure - Review Petition - Error Apparent on Record - Order XXXIX Rule 1 CPC - The petitioner sought review of dismissal of SLP against concurrent decrees for specific performance. The Supreme Court held that the grounds raised did not make out any error apparent on record to justify interference. (Paras 1-2)
Issue of Consideration
Whether the review petition disclosed any error apparent on the record to warrant interference with the dismissal of the special leave petition.
Final Decision
The review petition is dismissed as no error apparent on record was found.
Law Points
- Review petition
- error apparent on record
- specific performance
- concurrent findings
