Allowed

Bini Farat Praeen @ Bibi Farhat Prabeen v. Bibhash Kumar Kushwaha and Ors.

Patna HC6 Dec 2012C. REV./280/2012

Case brief

AI extract

What is this about?

The Patna High Court dismissed the initial writ application but recalled and deleted a subsequent observation in that order regarding execution proceedings because it was detrimental to the opposite party and passed without notice to them.

What did the court decide?

The last paragraph of the earlier order dated 5.1.2012 containing the observation regarding execution proceedings was recalled and deleted.

Bini Farat Praeen @ Bibi Farhat Prabeen Vs… — Civil Procedure and Limitation | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Review No.280 of 2012 ====================================================== Bini Farat Praeen @ Bibi Farhat Prabeen .... .... Petitioner/s Versus Bibhash Kumar Kushwaha & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER

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6 06-12-2012 Heard the learned counsel, Mr. Jasbir Singh Arora appearing on behalf of the petitioner and the learned counsel, Mr. Ajay Kumar Singh appearing on behalf of the opposite party in this review application. This review application has been filed by the petitioners for review the order dated 5.1.2012 passed by me in C.W.J.C. No.23390 of 2011. The learned counsel, Mr. Jasbir Singh Arora appearing on behalf of the petitioner submitted that without notice to opposite parties, this writ application No.23390 of 2011 was disposed of by the said order dated 5.1.2012 and in the last portion, observation has been given which is prejudicial to the opposite party and, therefore the last portion of the said order may be either modified or be expunged because the writ application under Article 227 of the Constitution of India filed by the opposite parties was dismissed by the said order.

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Patna High Court C. REV. No.280 of 2012 (6) dt.06-12-2012

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The learned counsel for the opposite party submitted that the review under Order 47 Rule 1 can be exercised only if the grounds are within the purview of the said provision strictly and not in any other manner. The learned counsel further submitted that because of subsequent development also, the order cannot be reviewed.

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From perusal of the record of C.W.J.C. No.23390 of 2011, it appears that the application under Article 227 of the Constitution of India was filed by the opposite party against the order dated 29.10.2010 whereby the application filed by the opposite party for stay of further proceeding of execution case was rejected.

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After considering the case of the opposite party who was petitioner in the writ application by terms of order dated 5.1.2012 the writ application was rejected but in the last paragraph, it is observed that however, this observation of the Courts below or this Court in this order regarding stay of further proceeding in execution case is concerned will not prejudice the parties if any objection that may be filed by the petitioner under order 21 Rule 97 C.P.C. or 99 C.P.C. So far this observation part is concerned, it was unwarranted, uncalled for and in fact it was passed without the notice to the opposite party. Therefore, the last paragraph of that order is hereby recalled and it is deleted from the order. Thus, this review application stands allowed.

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(Mungeshwar Sahoo, J)

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Sanjeev/-

Bini Farat Praeen @ Bibi Farhat Prabeen v. Bibhash Kumar Kushwaha and Ors.

Case brief

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Bini Farat Praeen @ Bibi Farhat Prabeen v. Bibhash Kumar Kushwaha and Ors.

Case brief

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