Meaning and Scope of Error Apparent on the Face of the Record
The doctrine of error apparent on the face of the record refers to a clear, obvious, and self-evident mistake in a judicial or quasi-judicial order that does not require elaborate reasoning to detect. Such an error must be visible on a mere reading of the record and should not involve long arguments or reappreciation of evidence. In Indian law, this concept is closely associated with the power of review and writ jurisdiction. An error may arise from an incorrect application of law, a clerical mistake, or overlooking a binding statutory provision. The purpose of recognizing such errors is to uphold fairness and prevent miscarriage of justice. Courts have consistently held that a review is not an appeal in disguise. Only patent errors, not debatable issues, qualify. This principle ensures finality of judgments while allowing correction of manifest mistakes to preserve judicial integrity and public confidence in the justice system.
Statutory Recognition under Indian Law
The concept finds statutory recognition under Section 114 read with Order XLVII Rule 1 of the Code of Civil Procedure, 1908, which allows a court to review its judgment if there is an error apparent on the face of the record. Similarly, under Article 226 of the Constitution of India, High Courts can correct such errors while exercising writ jurisdiction. The Supreme Court has clarified that an error apparent must be one that strikes immediately without detailed examination. If two views are possible, the error cannot be said to be apparent. The doctrine balances judicial discipline with justice by restricting review powers to exceptional cases. It prevents endless litigation while allowing courts to correct mistakes that are evident and undeniable. Thus, statutory provisions ensure that courts do not become functus officio when a glaring error threatens justice.
Judicial Interpretation and Limitations
Indian courts have repeatedly emphasized that an error apparent is not one discovered by a process of reasoning. In several landmark judgments, the Supreme Court has held that review jurisdiction is limited and cannot be used to re-argue the case. An erroneous decision on merits does not automatically become an error apparent. The limitation ensures that litigants do not misuse review proceedings as a substitute for appeal. The doctrine also reinforces judicial consistency and certainty. Only mistakes like mathematical miscalculations, incorrect citation of mandatory legal provisions, or overlooking binding precedents qualify. This cautious approach preserves the sanctity of final judgments while safeguarding against palpable injustice. Therefore, the doctrine acts as a corrective mechanism, not a second round of litigation.
Real-Time Example from Practice
Consider a situation where a High Court dismisses a writ petition by applying a repealed provision of law, despite the amended section being on record. Such a mistake is evident from the judgment itself and does not require extensive arguments to establish. The aggrieved party can seek review on the ground of error apparent on the face of the record. The court, upon noticing that it relied on an inapplicable statutory provision, may recall or modify its order. This correction ensures that justice is delivered according to the law in force. Such real-time applications show how the doctrine prevents injustice caused by obvious legal oversights while maintaining procedural discipline.
Mnemonic to Remember the Concept
To remember Error Apparent on the Face of the Record, use the mnemonic “CLEAR”:
C – Clear mistake
L – Law wrongly applied
E – Evident without argument
A – Apparent on reading
R – Review, not appeal
This mnemonic helps recall that only obvious and patent mistakes qualify. If detailed reasoning or debate is required, the remedy lies in appeal, not review. The mnemonic simplifies exam preparation and practical understanding by capturing the essence of the doctrine in a single word.
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