VidhiSangh

Supreme Court of India · 18/08/2022

S. MADHUSUDHAN REDDY versus V. NARAYANA REDDY AND OTHERS

[2022] 11 S.C.R. 42 · 2022 INSC 846

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Telangana High Court had dismissed the respondents' revision petitions, upholding the Joint Collector's finding that a 1967 surrender of protected tenancy rights was ante-dated and fabricated, and had dismissed their first review. This Court disposed of their SLP with liberty to seek review if they obtained genuine documents. The High Court then allowed a second review on certified copies of revenue records, photocopies of which had already been filed in revision. The Court held that review under Order XLVII Rule 1 CPC needs new evidence not available despite due diligence, or an error apparent on the record. The respondents had pleaded neither and had let five opportunities pass. The second review was an abuse of process and should have been rejected as not maintainable. The appeals were allowed and the revision judgment restored.

Issues

  1. Whether a second set of review petitions was maintainable when the respondents relied on certified copies of revenue records already filed as photocopies earlier.
  2. What a party seeking review on the ground of discovery of new evidence must establish under Order XLVII Rule 1 CPC.

Provisions considered

Held

Result

Appeals allowed. The High Court's review judgment is set aside and its revision judgment dismissing the respondents' revision petitions is restored; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2022] 11 S.C.R. 42.