I am concious of the fact that the review application is often dismissed either because the applicant tends to re-argue the contentions already considered and adjudicated upon or it is general human nature not to admit that he or she has ignored to consider the facts apparent on the face of record.
But, I have following two questions for which I solicit answers :-
1.If more than one relief is prayed for, and the judgment has adjudicated upon only one reief, and the hon'ble court has neither recorded, nor considered and nor adjudicated upon the remaining reliefs prayed for, can the learned judge still dismiss the review application which brings to the notice the specific reliefs prayed for but not recorded in the judgment, not considered and not adjudicated upon?
2. If the judgment records findings based on the facts, evidence, and the laws of the Hon'ble Supreme Court of India relied upon by the Hon'ble court, but the conclusions arrived at in the same judgment are not based on the findings already recorded and are rather contrary to the findings in the judgment, can the learned judge still dismiss the review application which brings to the notice the specific conclusions which are not based on the specific findings already recorded and are rather contrary to the findings in the same judgment?
Considered reply to the above said two questions are solicited.
JAGDISH KUMAR
ADVOCATE
