B. P. SINHA, K. SUBBA RAO, J. L. KAPUR, K. N. WANCHOO, P. B. GAJENDRAGADKAR
Balvantrai Chimanlal Trivedi – Appellant
Versus
M. N. Nagrashna – Respondent
Judgment
WANCHOO, J. : This is an application for review of the judgment delivered by this Court, to which three of us were party, on October 29, 1959*. The ground on which review is sought is that there are mistakes and/or errors apparent on the face of the record and therefore the judgment in question should be reviewed. The petitioner contends further that the judgment under review had dealt with the matter of issue of writs by High Courts under Art. 226 of the Constitution and this involved a question which could only have been dealt by a bench of not less than five judges - and that is why the review application has been placed before a bench of five judges. Lastly it is contended that this Court should have decided the question of jurisdiction as various other parties had agreed to be governed by the decision in this case and that would have saved multiplicity of proceedings.
* Since reported in AIR 1960 SC 407 - Ed.
2. Before we deal with the points urged in support of the petition we should like to state what exactly has been decided by the judgment under review. The appeal in which the judgment under review was given came up before the Court on special leave granted under Art
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