Madras High Court
Civil Procedure and EvidenceCivil Law

Review jurisdiction cannot be invoked for reconsideration absent an error apparent on the record.

Mrs.Aruna Shyamsunder and 2 others vs Mrs.V.Sucharita, and 3 others

Madras High CourtJUDGMENT: September 28, 20262 MIN READSOURCE JUDGMENT
Review jurisdiction cannot be invoked for reconsideration absent an error apparent on the record.. Mrs.Aruna Shyamsunder and 2 others vs Mrs.V.Sucharita, and 3 others. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicants sought review of an order dated 18 August 2026 permitting P.W.2 to tender evidence by video conference.

Source reference: p.2, para. 1

They argued that the plaintiffs’ evidence, including P.W.2’s evidence, had already been closed by earlier orders and that the applicants had been directed to begin their evidence.

Source reference: pp.2–4, paras. 2–5

In their submission, allowing P.W.2 to testify without expressly reopening the plaintiffs’ evidence effectively reopened it and caused prejudice.

Source reference: pp.2–4, paras. 2–5

The applicants contended that these circumstances had not been properly brought to the Court’s attention when it made the order under review.

Source reference: p.3, para. 4
02

Issues

Whether the order permitting P.W.2 to tender evidence by video conference disclosed an error apparent on the face of the record because the plaintiffs’ evidence had previously been closed.

Source reference: pp.4–5, paras. 7–8

Whether the applicants’ contention that relevant facts were not brought to the Court’s attention provided sufficient grounds to review or recall that order.

Source reference: p.5, paras. 8–10
03

Law Applied

The application invoked Order XVI Rule 8 of the Original Side Rules read with Order XLVII, Sections 114 and 151 of the Code of Civil Procedure, 1908.

Source reference: p.2, prayer

The Court stated that review jurisdiction is limited: review is not a rehearing or an opportunity to reconsider the matter on grounds already considered or which could have been raised earlier; an applicant must establish an error apparent on the face of the record or otherwise satisfy the requirements for review.

Source reference: p.4, para. 7; p.5, para. 9

No precedent was cited.

Source reference: no citation
04

Reasoning

The Court considered the earlier orders concerning closure of the plaintiffs’ evidence and commencement of the applicants’ evidence, alongside the order permitting P.W.2 to testify by video conference.

Source reference: pp.4–5, paras. 7–8

It held that the applicants had not demonstrated an apparent error in the order under review; their grounds instead sought reconsideration of that order.

Source reference: p.5, para. 8

Nor did the asserted omission of relevant facts, by itself, establish a basis for review, absent a resulting apparent error or other satisfaction of the review standard.

Source reference: p.5, para. 9
05

Holding

The Court answered the review grounds in the negative, holding that no sufficient basis had been shown to review or recall the order dated 18 August 2026.

It dismissed the review application as devoid of merit and made no order as to costs.

Source reference: p.6, para. 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

Madras High Court

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Mrs.Aruna Shyamsunder and 2 othersvsMrs.V.Sucharita, and 3 others

Madras High Court · September 28, 2026

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