Karnataka High Court
Civil Procedure and EvidenceCivil Law

A party’s absence during appeal does not warrant review without an apparent error or other recognized ground.

SMT. NAGARATHNA vs SHRI. B R VIJAY KUMAR

Karnataka High CourtJUDGMENT: October 09, 20262 MIN READSOURCE JUDGMENT
A party’s absence during appeal does not warrant review without an apparent error or other recognized ground.. SMT. NAGARATHNA vs SHRI. B R VIJAY KUMAR. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner sought review under Section 114 read with Order XLVII Rule 1 of the Code of Civil Procedure of the High Court’s judgment dated 03.09.2026 in MFA No. 6129 of 2024.

Source reference: p. 1; para. 1

In the appeal, the petitioner—who was the respondent—was unrepresented on 08.07.2026 and 03.08.2026, and her counsel was again absent on 11.08.2026, including at the revised call. The Court reserved the matter and later pronounced judgment; the absence was recorded in paragraph 46 of that judgment.

Source reference: pp. 2–3; paras. 2–3

The review petition was instituted on 25.09.2026. At its hearing, the petitioner sought an adjournment to advance arguments.

Source reference: pp. 4–6; paras. 5, 7
02

Issues

Whether the review petition disclosed an error apparent on the face of the record or another recognised ground for review under Order XLVII Rule 1 CPC.

Source reference: pp. 4–6; paras. 5–6

Whether the petitioner’s absence during the appeal, and her request for an adjournment at the review hearing, justified reopening the judgment through review.

Source reference: pp. 2–4, 6–7; paras. 2–4, 7–9
03

Law Applied

Section 114 read with Order XLVII Rule 1 CPC permits review only on the limited grounds recognised by law, including an error apparent on the face of the record or discovery of material warranting review.

Source reference: p. 4; para. 5

Review is a corrective jurisdiction, not an appeal or a rehearing; it cannot be used to re-argue matters already decided or to obtain a second opportunity to present arguments.

Source reference: pp. 4–6; paras. 5–6, 8
04

Reasoning

The Court found that the petitioner had been afforded opportunities to participate in the appeal but had not appeared, and that her absence was expressly recorded in the judgment under review.

Source reference: pp. 2–4; paras. 2–4

The appeal had been reserved and decided by a reasoned judgment, and non-appearance alone did not justify setting that adjudication aside.

Source reference: p. 4; para. 4

The review grounds sought, in substance, to re-examine issues already decided and were appellate in character; the petitioner identified no apparent error or other legally sustainable review ground.

Source reference: pp. 5–6; paras. 5–6

Her request for an adjournment at the review hearing did not expand the Court’s review jurisdiction.

Source reference: p. 6; para. 7
05

Holding

The Court held that the petition disclosed no recognised ground for review and dismissed it.

Although it observed that the petition could have warranted exemplary costs, it refrained from imposing costs; there was no order as to costs.

Source reference: pp. 7–8; paras. 9–11
06

Acts & Sections Cited

2 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Code of Civil Procedure, 19082

Karnataka High Court

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SMT. NAGARATHNAvsSHRI. B R VIJAY KUMAR

Karnataka High Court · October 09, 2026

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