The scope of review
was considered by the Hon'ble Apex Court in a judgment reported in 2000
(6) SCC 224 [Lilli Thomas and Others Vs. Union of India and Others],
wherein, in paragraph 52, it was held as under:
"52.The
dictionary meaning of the word "review" is "the act of looking, offer
something again with a view to correction or improvement". It cannot be
denied that the review is the creation of a statute. This Court in Patel
Narshi Thakershi Vs. Pradyumansinghji Arjunsinghji [1971 (3) SCC 844 :
AIR 1970 SC 1273] held that the power of review is not an inherent
power. It must be conferred by law either specifically or by necessary
implication. The review is also not an appeal in disguise. It cannot
be denied that justice is a virtue which transcends all barriers and the
rules or procedures or technicalities of law cannot stand in the way of
administration of justice. Law has to bend before justice.
If the Court finds that the error pointed out in the review petition
was under a mistake and the earlier judgment would not have been passed
but for erroneous assumption which in fact did not exist and its
perpetration shall result in a miscarriage of justice nothing would
preclude the Court from rectifying the error. ....."
(Recd thru P Ramanathan)
(Recd thru P Ramanathan)