Madras High Court· 07 September 2026

Does a review under Order 47 Rule 1 CPC lie only for an error apparent on the face of the record?

MADEVA NAICKER v. T.C.SWAMYAPPA

REV.APPL No. 138 of 2022
Coram: Justice Shamim Ahmed

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Answer

A review under Order 47 Rule 1 CPC lies only for an error apparent on the face of the record.

Yes. A review under Order 47 Rule 1 CPC lies only for an error apparent on the face of the record. The power of review can be exercised for correction of a mistake or error apparent on the face of the record and not to substitute a view; it is an exception to the general rule that once a judgement is signed or pronounced, it should not be altered. An error which is not self evident and has to be detected by a process of reasoning can hardly be said to be an error apparent on the face of the record.

Headnote

Code of Civil Procedure, 1908 — Order 47 Rule 1 — Review — Error apparent on the face of the record — Scope of review — Code of Civil Procedure, 1908 — Order 47 Rule 1 — Review — Correction of error, not to substitute a view — Held: A review lies only to correct an error apparent on the face of the record, not to substitute a view. An error which is not self evident and has to be detected by a process of reasoning is not such an error. (¶8, 16) Code of Civil Procedure, 1908 — Order 47 Rule 1 — Review — Re-arguing the matter in the garb of review — Held further: Grounds that raise the same story already pleaded in the appeal are an attempt to re-argue the matter in the garb of review, and make out no valid ground under Order 47 Rule 1. Review application dismissed. (¶7, 16, 17)

Headnote

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In the Court's own words

Paragraph 8A Review is not an appeal in disguise. Rehearing of the matter is impermissible in the garb of review. Power of review can be exercised for correction of a mistake or error apparent on the face of the record and not to substitute a view. It is an exception to the general rule that once a judgement is signed or pronounced, it should not be altered, as has been, time and again, held by the several judgements of the Honourable Supreme Court, which are quoted as under.

Paragraph 12Further, in the case of Parsion Devi and others Vs. Sumitri Devi and others; 1997 (8) SCC 715, the Honourable Supreme Court was pleased to observe that an error, which is not self evident and has to be detected by process of reasoning, can hardly be said to be error apparent on the face of the record, justifying the court to exercise powers of review, in exercise of review jurisdiction.

Paragraph 16In this review application, the Applicant has come forward with the same story that was pleaded by them in the Civil Miscellaneous Appeal. A Review is not an appeal in disguise, as has been, time and again, held by several judgements of the Honourable Supreme Court, referred to above. The Court can exercise its power of review, only when there is an error apparent on the face of record and even an error, which is not apparent on the face of the record, but has to be detected by a process of reasoning, cannot be a ground for review. Any ground, which does not fall under Order 47 Rule 1 of CPC, cannot be considered in a review application. Therefore, this Court finds no ground within the scope of Order 47 Rule 1 of CPC or merit in this Review Application and accordingly, this Review Application is liable to be dismissed.

Acts & Sections

Order 47 Rule 1, Code of Civil Procedure, 1908

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Also decided in this judgment

Can a review under Order 47 Rule 1 CPC be used to re-argue the matter?

Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections