Topic

error apparent on face of record

An error apparent on face of record refers to a clear, obvious mistake in a judicial order that is evident from the record itself, without requiring fresh evidence or re-examination of facts, under Order 47 of the Code of Civil Procedure in Indian law.

12 articlesLatest May 2026
Review Jurisdiction | Error Apparent on Face of Record Justifies Recall of Order Ignoring Binding Precedent : MP HC Jabalpur
Case Law Analysis
|Madhya Pradesh High Court

Review Jurisdiction | Error Apparent on Face of Record Justifies Recall of Order Ignoring Binding Precedent : MP HC Jabalpur

Madhya Pradesh High Court rules that review jurisdiction under Order 47 Rule 1 CPC can be invoked if a coordinate bench's order overlooks binding precedent, creating an 'error apparent on the face of the record'. The decision clarifies that such errors warrant recall of erroneous orders, ensuring judicial discipline and consistency in service law matters.

Review Jurisdiction Under Article 226 | No Rehearing on Merits After Final Order; Discrimination in Ex-Gratia Violates Article 14 : Allahabad HC
Case Law Analysis
|Allahabad High Court

Review Jurisdiction Under Article 226 | No Rehearing on Merits After Final Order; Discrimination in Ex-Gratia Violates Article 14 : Allahabad HC

Allahabad HC rules that review petitions cannot be used to reargue merits after a final order, and denying ex-gratia compensation to similarly situated claimants amounts to arbitrary discrimination under Article 14. The judgment reinforces the limited scope of review jurisdiction while upholding constitutional equality in state welfare schemes.

Consumer Protection Act | Maturity Payment Does Not Extinguish Pending Disability Benefit Claims: NCDRC
Case Law Analysis

Consumer Protection Act | Maturity Payment Does Not Extinguish Pending Disability Benefit Claims: NCDRC

The NCDRC has ruled that insurers cannot deny disability benefits merely because the policyholder received a maturity payout, affirming that these are separate contractual entitlements. This sets a critical precedent for policyholders with long-term disability claims, ensuring procedural fairness and preventing insurers from using settlement payments as a loophole to avoid liability.

Order 47 Rule 1 CPC | Review Petition Cannot Be Used as Appeal in Disguise: Allahabad HC Reaffirms Parsion Devi Precedent
Case Law Analysis
|Allahabad High Court

Order 47 Rule 1 CPC | Review Petition Cannot Be Used as Appeal in Disguise: Allahabad HC Reaffirms Parsion Devi Precedent

Allahabad HC dismisses a review petition attempting to reargue a dismissed writ, holding that review under Order 47 Rule 1 CPC is not a substitute for appeal. The court reiterated the Supreme Court’s Parsion Devi ruling that errors requiring reasoning cannot be grounds for review, reinforcing finality of judgments and preventing abuse of process.

CPC Section 114 | Review Jurisdiction Cannot Reopen Promotion Decisions Without Patent Error Apparent on Face of Record : HP HC
Case Law Analysis
|Himachal Pradesh High Court

CPC Section 114 | Review Jurisdiction Cannot Reopen Promotion Decisions Without Patent Error Apparent on Face of Record : HP HC

The Himachal Pradesh High Court clarified that review petitions under Section 114 CPC cannot be used to reargue promotion orders or reappreciate evidence, even if the outcome seems unfair. Only patent, obvious errors visible without detailed analysis qualify - reinforcing finality in administrative and judicial decisions affecting service benefits.

Order 47 Rule 1 CPC | Review Petition Cannot Reopen Factual Findings or Evidentiary Appreciation : Chhattisgarh HC
Case Law Analysis
|Chhattisgarh High Court

Order 47 Rule 1 CPC | Review Petition Cannot Reopen Factual Findings or Evidentiary Appreciation : Chhattisgarh HC

The Chhattisgarh High Court reiterated that a review petition under Order 47 Rule 1 CPC is not a platform to reargue factual disputes or challenge evidentiary appreciation already settled in a final judgment. The ruling underscores that review jurisdiction is limited to correcting errors apparent on the face of the record, not rehearing merits.

CPC Order 47 Review | Misapplication of Statutory Notification Constitutes 'Error Apparent on Face of Record' : MP High Court
Case Law Analysis
|Madhya Pradesh High Court

CPC Order 47 Review | Misapplication of Statutory Notification Constitutes 'Error Apparent on Face of Record' : MP High Court

The Madhya Pradesh High Court ruled that misapplication of a statutory notification under MPLRC Section 165 qualifies as an 'error apparent on the face of record,' allowing review petitions under CPC Order 47. This clarifies the scope of review jurisdiction for lower courts handling property disputes involving tribal land alienation permissions.