This single-judge oral order disposed of a review application under Order X Rule 1 CPC challenging a dismissal of an appointment of receiver application. The court dismissed the review, holding that it was an impermissible attempt at re-hearing with no apparent error on the record.
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.
RA-CR-282-CII-2016 with C.M.No.24585-CII-2016 in CR No.6845 of 2016
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
RA-CR-282-CII-2016 with C.M.No.24585-CII-2016 in CR No.6845 of 2016 Date of decision:12.12.2016
Rajinder Kumar Bansal and others ... Petitioners
Vs.
Sat Pal Bansal and others ... Respondents
CORAM: HON'BLE MR. JUSTICE AMIT RAWAL
Present:Mr. S.C.Arora, Advocate for the applicant-petitioners.
AMIT RAWAL J. (Oral)
C.M.No.24585-CII-2016
The application is allowed, subject to all just exceptions. Copy of plaint, Annexure A-1 is taken on record.
RA-CR-282-CII-2016
Prayer in the application is for review of the order dated 17.10.2016 passed in the CR No.6845 of 2016, whereby, an application moved under Order 40 Rule 1 of Code of Civil Procedure, for appointment of Receiver, has been dismissed.
The ground shown in the application tantamounts to re-hearing of the revision petition which is not scope of the review application. There is no apparent error on the face of the record.
Savita 2016.12.14 14:00 I attest to the accuracy and integrity of this document High Court Chandigarh
RA-CR-282-CII-2016 with C.M.No.24585-CII-2016 in CR No.6845 of 2016
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No ground is made out for interference in the order dated
17.10.2016.
Accordingly, the review application stands dismissed.
(AMIT RAWAL) JUDGE December 12, 2016 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No
Savita 2016.12.14 14:00 I attest to the accuracy and integrity of this document High Court Chandigarh
1 issue framed by the court
Whether the review application, which sought to re-hear facts of the original revision petition, was maintainable despite the absence of apparent error on the record.
Rajinder Kumar Bansal and others
Sat Pal Bansal and others
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
