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An ‘Aggrieved’ Third Party Can File Review Petition

In Union of India vs Nareshkumar Badrikumar Jagad & Ors., the appeal was filed by the Petitioner and the principal ground urged by the Union of India was that the right, title and interest in the suit property had vested absolutely in the Central Government by virtue of Section 3(1) of the Textile Undertakings (Nationalisation) Act,1995, Act. Nevertheless, in the subject suit for possession filed by the Trust, Union of India had not been impleaded as a party­ defendant. Notably, the Trust had impleaded Union of India as a party defendant in both the previous suits filed including for eviction under the provisions of the 1947 Act. That pre­supposes that the respondents were cognizant of the effect of the statutory vesting of the tenancy absolutely in favour of the Central Government.

The Supreme Court held that as per Section 114 of the Code of Civil Procedure,  any person considering himself aggrieved would have locus to file a review petition, while Order XLVII of CPC restates the position that any person considering himself aggrieved can file a review petition. Be that as it may, and the Supreme Court exercises review jurisdiction by virtue of Article 137 of the Constitution which predicates that the Supreme Court shall have the power to review any judgment pronounced or order made by it. Besides, the Supreme Court has framed Rules to govern review petitions. Notably, neither Order XLVII of CPC nor Order XLVII of the Supreme Court Rules limits the remedy of review only to the parties to the judgment under review. 

Therefore, the Supreme Court had no hesitation in enunciating 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.

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