High Court of Kerala dismissed a review petition under Section 114 of CPC (implied grounds) against a 2007 judgment. The court declined to review on merits, noting the prior judgment was reasoned and absent counsel did not alter the view.
Review petition dismissed; order in WR No. 19102/2007 stands intact.
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
MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931
RP.No. 985 of 2009(Y)
--------------------AGAINST THE JUDGEMENT/ORDER IN WPC.19102/2007
REVIEW PETITIONER(S): PETITIONER
--------------------------------
V.S.ALPHONSA, VELIKKAKATH ARUKATTIL HOUSE, KARUVELIPPADI, THOPPUMPADY,KOCHI.
BY ADVS. MR.P.DEEPAK SMT.APARNA RAJAN
RESPONDENT(S): RESPONDENTS
--------------------------
1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, PALARIVATTOM, ERNAKULAM.
2. GOVERNMENT OF KERALA, REP.BY THE COMMISSIONER AND SECRETARY TO LABOUR DEPARTMENT,THIRUVANANTHAPURAM.
3. THE DISTRICT COLLECTOR,ERNAKULAM.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 19/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
S. SIRI JAGAN, J
............................................... R.P. No. 985 of 2009
................................................. Dated this the 19th day of October, 2009
J U D G M E N T
The petitioner seeks review of my judgment dated 12.9.2007 in W.P(C) No. 19102/07. The ground on which review is sought is that the judgment was rendered without hearing the counsel for the petitioner, who was absent on the date of hearing. Even assuming that the petitioner has sufficient reason to seek the review on the ground of absence of the counsel for the petitioner on the date of hearing, I am not inclined to review the same, since the judgment was rendered on merits and even after hearing the counsel for the petitioner, I am not inclined to take a different view. Accordingly, the review petition is dismissed.
S. SIRI JAGAN, JUDGE
rhs
1 issue framed by the court
Whether a review petition is maintainable on the ground of non-hearing of counsel when the judgment was based on merits.
Petitioner
Alphonsa, Velikkakath Arukattil House, Karuvelippadi, Thoppumpady, Kochi
District Executive Officer, Kerala Motor Transport Workers Welfare Fund Board, Palarivattom, Ernakulam
Government of Kerala, Rep. by the Commissioner and Secretary to Labour Department, Thiruvananthapuram
District Collector, Ernakulam
S. SIRI JAGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
