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Patna High Court

Radha Krishna PrasadversusRam Bilash Prasad

Decided
Disposal
DISMISSED

Holding

The review petition is dismissed because it fails to demonstrate any error apparent on the face of the record or any new, important evidence within the limited scope of Order XLVII Rule 1 CPC.

Summary

The petitioner filed a review under Order XLVII Rule 1 of the Code of Civil Procedure challenging the High Court’s dismissal of his specific performance suit. He claimed the 25‑January‑2002 agreement for sale was valid and that the original 18‑September‑2001 deed, allegedly in the defendant’s custody, proved the earlier judgment was erroneous. The court examined the limited scope of civil review, noting that a review cannot re‑appreciate evidence unless there is a manifest error or new, important evidence. The supplementary affidavit showing the deed’s custody was held insufficient to overturn the earlier factual findings. Consequently, the court found no error apparent on the face of the record and dismissed the review petition at the admission stage.

Issues considered

  • Whether the review petition is maintainable under Order XLVII Rule 1 of the CPC on the ground of error apparent on the face of the record or discovery of new evidence
  • Whether the agreement dated 25‑January‑2002 is a valid contract for specific performance
  • Whether the custody of the original deed dated 18‑September‑2001 by the defendant affects the earlier judgment

Legislation cited

Subjects

  • specific performance
  • agreement for sale
  • civil review
  • Order XLVII Rule 1
  • error apparent on record
  • Code of Civil Procedure
  • new evidence
  • deed custody

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                          CIVIL REVIEW No.344 of 2024
                                         In
                           FIRST APPEAL No.15 of 2008
     ======================================================
     Radha Krishna Prasad son of Sri Shivnandan Prasad resident of village-
     Mirachak, P.O. Bind, P.S. Asthawan, District- Nalanda

                                                                 ... ... Petitioner/s
                                       Versus
1.   Ram Bilash Prasad son of Sri Ram Prasad Singh Yadav resident of village-
     Chaudhary Tola, P.O. Mahendru, P.S. Sultanaganj, District- Patna at present
     residing at village- Kanauji, P.S. Gaurichak, P.O. Manoharpur Kahuara,
     District- Patna.
2.   Kundan Kumar son of Ram Bilas Prasad resident of village- Chaudhary
     Tole, P.O. Mahendru, P.S. Sultanaganj, District- Patna at present residing at
     village- Kanauji, P.S. Gaurichak, P.O. Manoharpur Kahuara, District- Patna.
3.   Chandan Kumar son of Ram Bilas Prasad resident of village- Chaudhary
     Tole, P.O. Mahendru, P.S. Sultanaganj, District- Patna at present residing at
     village- Kanauji, P.S. Gaurichak, P.O. Manoharpur Kahuara, District- Patna.

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s     :    Mr. Ajay Prasad, Advocate
     For the Opposite Party/s :    Mr.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                     C.A.V. JUDGMENT
      Date : 30-01-2026

                       1. This review application has been filed under

      Order XLVII, Rule 1 of the Code of Civil Procedure, 1908

      (hereinafter referred to as “C.P.C.”) against the judgment dated

      21.10.2024 passed by this Court in First Appeal No.15 of 2008

      (hereinafter referred to as “impugned judgment”) whereby the

      appeal preferred by the review petitioner/appellant was

      dismissed affirming the judgment and decree dated 29.11.2007

      passed by the learned Trial Court in Title Suit No.35 of 2004

      filed by the review petitioner/appellant.
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                          2. Heard the learned counsel for the petitioner.

                          3. It appears from the record that the review

         petitioner/appellant filed the suit for specific performance of

         contract for sale on the basis of agreement for sale dated

         25.01.2002 claiming that defendants/respondents failed to

         comply the terms of the said contract and avoided the execution

         and      registration      of     sale     deed,   while   the   plaintiff

         (petitioner/appellant) was always willing and ready to perform

         his part of contract to pay the balance consideration of money.

         As per the defendants, defendant no.1 had received Rs.60,000/-

         as advance from plaintiff and executed an agreement for sale

         dated 18.09.2001 in his favour for a total sum of Rs.2,70,000/-.

         The said agreement was prepared in duplicate, one copy

         remained with plaintiff and one copy with defendant. The

         further case of the defendant is that he signed the document

         dated 25.01.2002 for extension of period believing the words of

         plaintiff and he had not received any amount of Rs.60,000/- as

         advance from the plaintiff.

                          4. The learned Trial Court dismissed the suit

         bearing Title Suit No.35 of 2004 on contest filed by

         petitioner/appellant/plaintiff vide judgment and decree dated

         29.11.2007 wherein it was held that the agreement for sale of
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         the suit land between the parties was executed on 18.09.2001

         after receiving Rs.60,000/- as advance amount, for consideration

         amount of Rs.2,70,000/- for two kattha i.e. at the rate of

         Rs.1,35,000/- per kattha and alleged agreement of sale dated

         25.01.2002 was indirectly extension of time period of the

         agreement of sale dated 18.09.2001 which was done taking trust

         under the circumstances whereby inserting the less rate of

         agreed consideration amount and accordingly, the agreement of

         sale dated 25.01.2002 is not a valid and legal document.

                          5. The First Appeal No.15 of 2008 filed by the

         petitioners herein has been dismissed by this Court vide

         judgment dated 21.10.2024. Upon perusal of judgment of the

         learned Trial Court, considering facts and circumstances of the

         case and materials available on record, this Court upheld the

         judgment of the learned Trial Court that the agreement of sale

         (Bai Beyana) with respect to suit land was executed by

         defendant in favour of the plaintiff on 18.09.2001 in which

         consideration amount with respect to the suit land was

         Rs.1,35,000/- per kattha. It was observed by this Court that the

         petitioner herein was not entitled to get the decree of specific

         performance on the basis of alleged agreement of sale dated

         25.01.2002 and accordingly, the suit was liable to be dismissed.
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                          6. Learned counsel for the petitioner submitted that

         the impugned judgment suffers from error apparent on the face

         of the record and has been passed with material irregularity in

         exercise of its jurisdiction. Learned counsel assailed the finding

         recorded by this Court in the First Appeal to the effect that the

         learned Trial Court had rightly held the agreement for sale dated

         18.09.2001, fixing the consideration at Rs.1,35,000/- per kattha

         and that the plaintiff was not entitled to a decree for specific

         performance on the basis of the agreement dated 25.01.2002. It

         is submitted that the said finding suffers from an error apparent

         on the face of the record inasmuch as this Court proceeded on

         the erroneous premise that the agreement for sale dated

         25.01.2002 on which the plaintiff case is based is not a valid and

         enforceable document and the original agreement for sale dated

         18.09.2001 is a valid document.

                          7. A supplementary affidavit has been filed on

         behalf of petitioner in this Review Application to bring on

         record a copy of “List of Document produced by the accused

         (defendant/respondent no.1) on 16.09.2004 in Complaint Case

         No.291(c) of 2003” to show that original copy of Bai Beyana

         deed dated 18.09.2001 was in custody of defendant no.1 and

         falsify the case of defendant no.1 that he executed Bai Beyana
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         deed on 18.09.2001 in favour of plaintiff and handed over the

         original copy of the same to the plaintiff. Learned counsel for

         the petitioner has further submitted that the original copy of

         alleged Bai Beyana deed dated 18.09.2001 was never given to

         the plaintiff and the same is false and fabricated by defendant

         no.1 and the plaintiff has not concealed the fact regarding the

         previous agreement to sell. He has further submitted that the

         finding in para 36 of the judgment with respect to concealment

         of fact regarding the previous agreement to sell is apparently an

         error on the face of record. Learned counsel further submitted

         that non-consideration of this crucial circumstance has

         materially affected the finding recorded in the impugned

         judgment and, therefore, the present case squarely falls within

         the permissible parameters of review.

                          8. Before examining the grounds submitted in the

         review petition, it is apposite to reiterate the settled legal

         position that the scope of review under Order XLVII Rule 1 of

         the C.P.C. is extremely limited, and that a review court does not

         sit in appeal over its own judgment, nor can it re-appreciate

         evidence or correct an alleged erroneous decision on merits,

         unless the error complained of is manifest, patent, and apparent

         on the face of the record. A judgment may be reviewed only on
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         discovery of new and important matter or evidence, or on

         account of some mistake or error apparent on the face of the

         record, or for any other sufficient reason analogous thereto.

                          9. The Hon’ble Supreme Court in Malleeswari v.

         K. Suguna & Anr. reported in 2025 SCC OnLine SC 1927 has

         vividly enumerated the scope of civil review under Order XLVII

         Rule 1 read with Section 114 of the C.P.C. as herein under:

                                  “15. It is axiomatic that the right of appeal
                                  cannot be assumed unless expressly conferred
                                  by the statute or the rules having the force of a
                                  statute. The review jurisdiction cannot be
                                  assumed unless it is conferred by law on the
                                  authority or the Court. Section 114 and Order
                                  47, Rule 1 of CPC deal with the power of review
                                  of the courts. The power of review is different
                                  from appellate power and is subject to the
                                  following limitations to maintain the finality of
                                  judicial decisions:
                                      15.1 The review proceedings are not by way
                                  of an appeal and have to be strictly confined to
                                  the scope and ambit of Order 47 Rule 1 of CPC.
                                      15.2 Review is not to be confused with
                                  appellate powers, which may enable an
                                  appellate court to correct all manner of errors
                                  committed by the subordinate court.
                                      15.3 In exercise of the jurisdiction under
                                  Order 47 Rule 1 of CPC, it is not permissible for
                                  an erroneous decision to be reheard and
                                  corrected. A review petition, it must be
                                  remembered, has a limited purpose and cannot
                                  be allowed to be an appeal in disguise.
                                      15.4 The power of review can be exercised
                                  for the correction of a mistake, but not to
                                  substitute a view. Such powers can be exercised
                                  within the limits specified in the statute
                                  governing the exercise of power.
                                      15.5 The review court does not sit in appeal
                                  over its own order. A rehearing of the matter is
                                  impermissible. It constitutes an exception to the
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                                  general rule that once a judgment is signed or
                                  pronounced, it should not be altered. Hence, it
                                  is invoked only to prevent a miscarriage of
                                  justice or to correct grave and palpable errors.
                                      16. To wit, through a review application, an
                                  apparent error of fact or law is intimated to the
                                  court, but no extra reasoning is undertaken to
                                  explain the said error. The intimation of error at
                                  the first blush enables the court to correct
                                  apparent errors instead of the higher court
                                  correcting such errors. At both the above stages,
                                  detailed reasoning is not warranted.
                                      17. Having noticed the distinction between
                                  the power of review and appellate power, we
                                  restate the power and scope of review
                                  jurisdiction. Review grounds are summed up as
                                  follows:
                                      17.1 The ground of discovery of new and
                                  important matter or evidence is a ground
                                  available if it is demonstrated that, despite the
                                  exercise of due diligence, this evidence was not
                                  within their knowledge or could not be produced
                                  by the party at the time, the original decree or
                                  order was passed.
                                      17.2 Mistake or error apparent on the face of
                                  the record may be invoked if there is something
                                  more than a mere error, and it must be the one
                                  which is manifest on the face of the record. Such
                                  an error is a patent error and not a mere wrong
                                  decision. An error which has to be established
                                  by a long-drawn process of reasoning on points
                                  where there may conceivably be two opinions
                                  can hardly be said to be an error apparent on
                                  the face of the record.
                                      17.3 Lastly, the phrase ‘for any other
                                  sufficient reason’ means a reason that is
                                  sufficient on grounds at least analogous to those
                                  specified in the other two categories.”

                          10. This Court has given anxious consideration to

         the submissions advanced on behalf of the petitioner and has

         carefully examined the supplementary affidavit, perused the
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         materials on record and considered the settled principles

         governing the scope of review jurisdiction.

                          11. Tested on the aforesaid parameters, this Court

         finds that the document filed and relied upon by the petitioner

         herein in this review application, i.e., ‘List of Document

         produced by defendant in Complaint Case No.291(C) of 2003’

         to show that the original Bai Beyana dated 18.09.2001 was in

         custody of defendant no.1, does not conclusively establish that

         the agreement for sale dated 18.09.2001 was not executed or

         that it was fabricated, nor does it, by itself, dislodge the

         concurrent findings recorded by the learned Trial Court and

         affirmed by this Court in the First Appeal. The mere fact that the

         original Bai Beyana deed was produced from the custody of the

         opposite party no.1/defendant at a later point of time or was

         summoned from another court does not necessarily negate its

         execution or invalidate the findings arrived at on the basis of

         oral and documentary evidence already considered. Such a

         contention, in substance, seeks a re-evaluation of evidence and

         reassessment of factual conclusions, which is impermissible

         within the limited scope of review jurisdiction.

                          12. Furthermore, this Court is of the considered

         view that the said document filed on behalf of petitioner in this
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         Review Application by way of supplementary affidavit does not

         have such determinative evidentiary value as would have

         inevitably altered the conclusion reached in the First Appeal.

         The findings recorded therein were based on a holistic

         appreciation        of     pleadings,          evidence   and   surrounding

         circumstances, and not solely on the aspect of custody of the

         original agreement dated 18.09.2001.

                          13. This Court also finds no merit in the submission

         that the impugned judgment suffers from an error apparent on

         the face of the record. The findings returned in the First Appeal

         are reasoned findings based on appreciation of evidence and

         application of settled legal principles governing suits for

         specific performance. An alleged erroneous conclusion or a

         possible alternative view does not constitute an error apparent

         warranting review under Order XLVII Rule 1 of the C.P.C.

                          14. In view of the foregoing discussion, this Court

         is of the considered opinion that none of the grounds urged in

         the review application satisfies the statutory parameters laid

         down under Order XLVII Rule 1 of the C.P.C. The petitioner has

         failed to point out any error apparent on the face of the record or

         any other sufficient reason warranting interference with the

         judgment under review. Consequently, the review petition is
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                      devoid of merit and is liable to be dismissed.

                                       15. Accordingly, the instant civil review is

                      dismissed at the stage of admission.

                                       16. There shall be no order as to costs.




                                                (Sunil Dutta Mishra, J)
harish/-
AFR/NAFR                NAFR
CAV DATE                09.01.2026
Uploading Date          30.01.2026
Transmission Date


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