Vinodji
Patent mean glaring, manifest, obvious, grave, unignorable etc etc etc.
What do you mean by patent error again? …………………
Please correct me if I am wrong in my understanding of your scenario.
1) First of all, Review petition is to be filed by aggrieved party (i.e. party aggrieved due to adverse judgment) only.
2) Secondly, if there are following grounds which are notice during the proceeding of trial
a. That, there was patent ‘error apparent of the face of record’ And/Or
b. There was a new discovery of evidence (in spite of due diligence) after judgment and which hassufficient force to alter the judgment.
3) Thirdly, the aggrieved party is NOT supposed to say in the review petition that ‘judgement is erroneous’ (you can say it only in appeal) due to above to reasons, even though the judgment may seem perverse. ELSE it is deemed as ‘appeal in disguise’ (had you taken that care in your review petition? Why did you go for ‘review’ in the first place!!! … it is actually a redundant, underused section of law !! … Will any judge ever admit that error has indeed happened? That’s the reason people go in appeal! … even though it may be look very draining and tedious for the parties to go to appellate courts … Are bhaiyya!!! ……………. ‘this is the reality’ … please understand!!)
Having said above …..But ….. it CAN NOT ALSO be ruled out that ….. above a. and b. reasons (i.e. same or similar or some another kind of error apparent on the face records) CAN NEVER occur during the proceedings of review Petition also!!! (One may say that it would result in cascading applications ) but practically this possibility one can’t rule out this possibility!!! This is my opinion.
Agar Galti ho jani hai to ‘vahi galti bar bar ho sakti hai .... kahibhi ho sakti hai!!’
My opinion is that ………..Law does not bar review of ‘order on review petition’.
Codified LAW also doesn’t/can’t proclaim that ‘apparent error of the face of record’ can happen only once !!! Otherwise it would be like giving people a free license to commit deliberately/intentionally such errors during review Proceedings and sabotage the review proceedings!!
(But practically it is rarest of the rare!! ….. But case laws which get formed are in lieu of such unique and rare scenarios only!! )
So conclusion is that .................
you can file the review petition on "the dismissal order on your review petition" but it may be next to impossible for yo to convince the court!!!
Its better to go in appeal (if it is allowed) or writ petition at HC … on the original judgement against which you had filed review petition in the first place!
Don’t waste you time in reviews.
