Review petition can't be allowed as 'appeal in disguise', rules Supreme Court

Supreme Court has reiterated that proceedings initiated to review a judgment should not be confused with appeal proceedings. A bench of Justices Ahsanuddin Amanullah and S V N Bhatti cautioned that courts ought not mix up review jurisdiction with appellate jurisdiction . It said that a review petition has a limited purpose and could not be permitted to function as an appeal in disguise .

"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. 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. 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," the court said.