Paragraph numbers below are the court’s original numbering, recovered from the source text.
5. It is not disputed that previously in the similar circumstances, this Court by common order dated 25.10.2010 in CRP Nos. 2870 and 3882 of 2010, dismissed the said revision petitions and confirmed the orders passed by the trial court, permitting the first respondent to come on record as defendant in the said suit OS No. 960 of 2010 and copy of the said order is placed on record. The issue raised in the present revision petitions virtually covered by the said earlier order dated 25.10.2010 in CRP Nos. 2870 and 3882 of 2010 and adopting the reasons mentioned therein, the present revision petitions are also dismissed."
6. The respondent No. 1 then made applications for review of the order of the High Court dated 08.06.2011.
7. The High Court by the impugned order recalled its earlier order dated 08.06.2011 and directed the trial court to 8 consider the applications for impleadment afresh. c
8. While recalling the order dated 08.06.2011, the High Court observed thus: "11. During enquiry of the review applications, the petitioner filed several documents including the sale deeds and the sanctioned plan and also photographs in support of his contention that while making the construction he has left the space towards set backs as required under the rules and the construction is in accordance with the sanctioned plan and the question of petitioner's construction causing obstruction to the free flow of light and air to the first respondent's six storied building does not arise. The said documents were not filed before the trial Court and hence, there was no occasion for the trial Court to refer to the same in the impugned order. The trial court ordered impleadment of the first respondent herein mainly on the ground that in the earlier suit, which was filed by the plaintiff against the municipality for mere injunction, the first respondent was impleaded on his application. It is stated that the earlier suit was withdrawn and subsequently, plaintiff filed the present suit for declaration that the notice issued under section 452 of the Municipal Corporation Act is illegal. Admittedly, no relief is sought in the present suit against the first respondent. The question as to whether or not the first respondent herein would be a proper and necessary party having regard to the nature of the relief prayed for in the present suit is a matter to be considered independently, irrespective of impleadment of the first respondent herein in the earlier suit, which was filed only for injunction. The trial court has to consider the question as to whether or not the first respondent is a proper and N.ANANTHA REDDY v. ANSHU KATHURIA [R.M. LODHA, J.] necessary party to the present suit in the light of the documents now sought to be filed by the petitioner. Order 1 Rule 10 CPC contemplates the impleadment of proper and necessary party, whose presence before the Court is necessary to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit. The question as to whether or not the first respondent is a proper and necessary party, who can be imp leaded in terms of Order 1 Rule 10 CPC has to be considered keeping in view the relief prayed for in the present suit and the dispute that is required to be settled c pertaining to the impugned notice issued by the Municipal Corporation. The impugned order passed by the trial court permitted impleadment of the first respondent on the premise that he was previously impleaded in another suit, which was filed for injunction is therefore held unsustainable and the same is accordingly set aside."
9. A careful look at the impugned order would show that the High Court had a fresh look at the question whether the appellant could be impleaded in the suit filed by the respondent No. 1 and, in the light of the view which it took, it recalled its earlier order dated 08.06.2011. The course followed by the High Court is clearly flawed. The High Court exceeded its review jurisdiction by reconsidering the merits of the order dated 08.06.2011. The review jurisdiction is extremely limited and unless there is mistake apparent on the face of the record, the order/judgment does not call for review. The mistake apparent on record means that the mistake is self evident, needs no search and stares at its face. Surely, review jurisdiction is not an appeal in disguise. The review does not permit rehearing of the matter on merits.
10. The order passed by the High Court on 08.06.2011, on a careful reading, shows that the High Court instead of repeating the reasons which it had given in other revision petitions being CRP Nos. 2870 and 3882 of 2010, while it was fully conscious of the fact that those civil revisions arose from A a different suit followed its order in CRP Nos. 2870 and 3882 of 2010. The High Court was fully conscious of the factual and legal position while it was considering the civil revision petitions filed by the present respondent No. 1. In the order upon which reliance was placed by the High Court while dismissing the civil B revision petitions, the High Court had noted thus :- c "No doubt, no relief is sought for agairist the proposed party in the suit. The object of Order 1 Rule 10(2) C.P.C. to implead a third party to the suit is that the dispute in the suit would be resolved in the presence of all, in order to avoid multiplicity of proceedings. There must be some semblance of right to the proposed party. If the petitioner violates the building plan without leaving set backs, cellar etc., then certainly it would cause inconvenience to the neighbours. The proposed party is one of the neighbours. Therefore, to safeguard his interest, in view of the fact that he has got some semblance of right, though no relief is claimed against him, he would be necessary and proper party to come on record. That is why the trial Court rightly impleaded him as a party to the suit and I.A. and there are no grounds to interfere with the same. The revision is devoid of merits and is liable to be dismissed."
11. In our view, the High Court was not at all justified to review the order dated 08.06.2011.
12. The impugned order dated 13.12.2011 is, accordingly, set aside. Appeals are allowed as above. No costs. R.P. Appeals allowed.