Review plea can’t be an appeal in disguise

A division bench comprising Justice Huluvadi G Ramesh and Justice S Vaidyanathan made this observation while dismissing a review petition on the basis that non-consideration of the written submissions/arguments will not be a ground for reviewing the judgment rendered in the writ appeal, more particularly, when there is no error apparent on the face of record. 

The bench in its order also held that the review cannot be treated as appeal in disguise, as the object behind review is ultimately to see that there should not be miscarriage of justice and shall do justice for the sake of justice only and review on the ground that the judgment is erroneous cannot be sustained. 

The review application moved by a woman and her three children that the written submissions/arguments have not been considered contended that it contained the authorities in support of the contention that the Khulanama dated June 9, 2006, issued by her is a forged one and by virtue of the certificate issued by Government Chief Kazi, based on that forged Khulanama had led to the dissolution of her marriage, thereby enabling her husband to marry another Muslim woman. The bench then dismissed the appeal holding that a writ court is concerned only with the questions of law, but not the questions of fact. The disputed questions of fact have to be dealt with only by the appropriate forum or the court or the authority, as the case may be and not by this court. Following this order, the review application was moved.