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MINI PUSHKARNA
Anil Kumar Gupta – Appellant
Versus
Ajit Kumar – Respondent
JUDGMENT :
[Physical Hearing/ Hybrid Hearing]
MINI PUSHKARNA, J.
REVIEW PET.76/2023
1. The review petition has been filed under Section 114 read with Section 151 CPC seeking review of the order dated 27.10.2022.
2. Learned counsel appearing for the review petitioner/ defendant submits that by order dated 27.10.2022, certain directions had been passed by this Court in IA No. 5610/2020, which is an application under Order 39 Rule 2A CPC. Learned counsel submits that since there are no orders under Order 39 Rules 1 and 2 CPC, therefore, the application under Order 39 Rule 2A CPC was not maintainable. She relies upon the judgment passed by the Hon’ble Supreme Court in Food Corpn. of India v. Sukh Deo Prasad, (2009) 5 SCC 665, in support of her submissions.
3. It is seen from the record that this Court has neither disposed of the said application, IA No. 5610/2020 filed under Order 39 Rule 2A CPC nor has adjudicated upon the maintainability of the said application.
4. In view thereof, it is clear that the said application under Order 39 Rule 2A CPC is still pending before the Roster Bench. Since this Court has not passed any final order in the said application under Order 39 Rule 2A CPC, submi
The main legal point established in the judgment is that the maintainability of an application under Order 39 Rule 2A CPC should be raised before the appropriate forum, in this case, the Roster Bench....
The rejection of an application under Order 26 Rule 9 of CPC is revisable under Section 115 of CPC if it decides a right between the parties.
Finality of orders and implementation of Settlement Agreements
The filing of a statutory appeal after an order is passed may impact the consideration of an application for recall of the order.
A review petition can be allowed if an application for additional evidence was overlooked, constituting an error apparent on the record.
The main legal point established in the judgment is the maintainability of a review petition and the requirement for examination on its own merits, as guided by the provisions of Order 47 Rule 1 CPC ....
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