November 30, 2018
In this noteworthy judgment, the Supreme Court has held that even an aggrieved third party can file a review petition.
Case name: Union of India v. Nareshkumar Badrikumar Jagad & ors.
In this recent case, the Union of India filed the review petition seeking review of the judgment passed by the Supreme Court in the case of National Textile Corporation Ltd. v. Nareshkumar Badrikumar Jagad & Ors. in 2011. However, the Respondents in the case challenged the petition on the ground that Union of India had no locus to file a review petition against the impugned judgment. Hence, one of the intrinsic issue that fell for consideration before the Apex Court was whether Union of India has locus to file the review petition?
In order to decide the issue at hand, the Apex Court resorted to Section 114 of the Code of Civil Procedure which inter alia, postulates that “any person considering himself aggrieved” would have locus to file a review petition. The Court further noted that Order XLVII of CPC restates the position that any person considering himself aggrieved can file a review petition.
Thus, in view of its observations, the Two-Judge Bench of the Supreme Court in the case held that even a third party to the proceedings, if he considers himself an aggrieved person, may take recourse to the remedy of review petition. The quintessence is that the person should be aggrieved by the judgment and order passed by this Court in some respect.
The entire case can be accessed here.