This court dismissed a Review Petition under Order 47 Rule 1 CPC. It held that the petition was not maintainable because the counsel who filed the original Civil Revision Petition had not filed the Review Petition, relying on a Supreme Court precedent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:33920 RP No. 302 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF SEPTEMBER, 2023 BEFORE
THE HON'BLE MR. JUSTICE R. NATARAJ REVIEW PETITION NO. 302 OF 2023 IN CIVIL REVISION PETITION No.478 of 2017(SC)
BETWEEN:
…PETITIONER (BY SRI.VAIJAYANTHIMALA B., ADVOCATE)
AND:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
ALL ARE
R/AT VASUNDAARA, NO 8/21, 1ST CROSS, 10TH MAIN, R M V EXTENSION, BENGALURU 560080. ..RESPONDENTS
THIS REVIEW PETITION UNDER ORDER 47 RULE 1 OF CPC, PRAYING THAT THIS HONBLE COURT BE PLEASED TO REVIEW THE ORDER DATED 13.04.2023 IN C.R.P.NO. 478/2017 (SC) PASSED BY THIS HONBLE COURT AND PERMIT THE PETITIONER TO CONTEST THE SAID CIVIL REVISION PETITION ON MERITS, IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This Review Petition is filed to review the order dated 13.04.2023 in Civil Revision Petition No.478/2017. The Registry has raised an objection that the counsel who had filed Civil Revision Petition has not filed the Review Petition.
in the case of Tamil Nadu Electricity Board and another vs. N.Raju Reddiar and another (AIR 1997 SC 1005) , Office
NC: 2023:KHC:33920 RP No. 302 of 2023
objection deserves to be upheld. Consequently, the review petition at the instance of the counsel not on record in the revision petition is not maintainable. Hence, office objections
upheld and petition is dismissed.
Sd/JUDGE
Sk/-
1 issue framed by the court
Whether a Review Petition is maintainable when the counsel who filed the original appeal filed no such petition.
Colour shows how this judgement treated each authority
Tamil Nadu Electricity Board vs. N.Raju ReddiarFollowed¶21
Tamil Nadu Electricity Board and another vs. N.Raju Reddiar and another (AIR 1997 SC 1005) · Who else cites this
1 provisions across 1 enactments
SRI.DEEPCHAND JAIN
SRI.K.N.SHREYAS
SRI K N TEJAS
K.N.YASHAS
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
