(1) THIS is a review petition preferred by the respondent, in this appeal.

(2) BY the judgment dated 15/10/1987 of this court in appeal the proceedings of a court-Martial, culminating in the imposition of the punishment of an years rigorous imprisonment and dismissal from service on the appellant was quashed.

(3) THE contentions urged for the appellant are noticed in and are formulated as contentions (a)(i) and (ii); (b): (c) and (d) in the said judgment. The appeal was allowed and relief granted accepting the contentions at (a)(i) and (ii) and (d). Contentions (b) and (c) were not held in favour of the appellant.

(4) CONTENTION at (a)(i) was that in the conduct of the Court-Martial there was violation of the mandatory provisions of S. 130 of the Indian Army Act, 1950. In the present review petition it is pointed out prima facie with some justification - that the Court-Martial was a Summary court-Martial and not Summary General Court-Martial and that to the former, the provisions of S. 130 were not attracted.

(5) BUT then, even if the point taken in the review petition as to the inapplicability of S. 130 is held to be well founded, the decision,