Single judge dismissed a review petition challenging a previous order which had dismissed a writ petition regarding Indian Navy service matters. The court held that intention to amend the original petition does not constitute valid grounds for reviewing the judgment.
Review petition dismissed as the intention to amend original petition is not a ground for review.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN
WEDNESDAY, THE 14TH FEBRUARY 2007 / 25TH MAGHA 1928 RP.No. 118 of 2007(A) --------------------AGAINST THE JUDGEMENT OP.18488/2000 Dated 15/12/2006 ....................
PETITIONER:
JOSE GEORGE, AMNIYAMKOTTIL HOUSE, IRUMPANAM P.O., KOLLANPADY JUNCTION, CHITHRAPUZHA, ERNAKULAM DISTRICT.
BY ADV. SRI.GEORGE JACOB (JOSE) SMT.RESHMI POULOSE
RESPONDENTS: -------------
BY ADV. SRI.TPM.IBRAHIM KHAN,SENIOR COUNSEL
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 14/02/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
S.SIRI JAGAN, J.
=================================
R.P.No.118 of 2007 in W.P(C).No.18488/2000
==================================
Dated this the 14th day of February, 2007
ORDER
By my judgment, review of which has been sought
for in this review petition, I have dismissed the original petition on the ground that without challenging the original court martial proceedings or the dismissal order, the petitioner cannot succeed in the original petition. Review petition is now filed on the ground that the petitioner intends to amend the original petition seeking to challenge those orders also. This is not a ground for reviewing the judgment and therefore, I do not
find any merit in the review petition and accordingly the same is dismissed.
Sd/sdk+ S.SIRI JAGAN, JUDGE ///True copy///
2 issues framed by the court
Whether a review of judgment is maintainable when the petitioner intends to amend the original petition instead of challenging original proceedings in the review.
Why intent to amend original petition is not a valid ground for reviewing a judgment dismissing the original petition.
JOSE GEORGE
UNION OF INDIA
S.SIRI JAGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
