CAT - ['Jammu']
Administrative and Public LawCivil Procedure and Evidence

Review jurisdiction cannot be used for rehearing or reappreciation absent an apparent error.

SERVICE SELECTION BOARD vs RAVINDER KUMAR

CAT - ['Jammu']JUDGMENT: September 09, 20262 MIN READSOURCE JUDGMENT
Review jurisdiction cannot be used for rehearing or reappreciation absent an apparent error.. SERVICE SELECTION BOARD vs RAVINDER KUMAR. CAT - ['Jammu']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant, identified in the order as J&K SSB, sought review of the Tribunal’s judgment dated 23 September 2025 in T.A. No. 61/7108/2021.

Source reference: p. 1, para. 1

The Tribunal considered whether the grounds raised satisfied the limited requirements for review, including an error apparent on the face of the record or discovery of new and important matter or evidence.

Source reference: pp. 1–4, paras. 3–7
02

Issues

1. Whether the applicant established an error apparent on the face of the record, or discovery of new and important matter or evidence, warranting review of the judgment dated 23 September 2025

Source reference: pp. 1, 3–4, paras. 1, 4, 7

2. Whether the grounds raised sought an impermissible rehearing or re-appreciation of the matter rather than correction of a ground cognizable in review

Source reference: pp. 3–4, paras. 5–7
03

Law Applied

Under Order XLVII Rule 1 of the Code of Civil Procedure, review is confined to recognized grounds, including discovery of new and important matter or evidence that could not, despite due diligence, have been produced earlier; an error apparent on the face of the record; or another sufficient reason.

Source reference: pp. 1–3, para. 3

Review is not an appeal in disguise and does not permit a fresh hearing or substitution of one view for another. The Tribunal relied on Ajit Kumar Rath v. State of Orissa and others, (1999) 9 SCC 596; Union of India v. Tarit Ranjan Das, 2004 SCC (L&S) 160; Inderchand Jain (Dead) through LRs. v. Motilal (Dead) through LRs., (2009) 14 SCC 663; and Lily Thomas and others v. Union of India and others (citation not supplied), for these principles.

Source reference: pp. 1–3, para. 3; p. 4, para. 7
04

Reasoning

Applying these principles, the Tribunal found that the applicant had identified neither an apparent error in the record nor new and important evidence that could not have been produced at the original hearing.

Source reference: p. 3, para. 4

It considered the grounds to be an attempt to re-appreciate material already considered and to reconsider the findings on merits—an exercise outside review jurisdiction.

Source reference: p. 3, para. 5

Dissatisfaction with the outcome, or the possibility of another view, was insufficient to justify review.

Source reference: pp. 3–4, paras. 6–7
05

Holding

The Tribunal held that no ground within the scope of Order XLVII Rule 1 CPC had been established and dismissed the Review Application as devoid of merit.

Any pending miscellaneous applications were also disposed of, with no order as to costs.

Source reference: p. 4, paras. 9–10
CAT - ['Jammu']

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SERVICE SELECTION BOARDvsRAVINDER KUMAR

CAT - ['Jammu'] · September 09, 2026

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