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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Om Prakash Sood – Appellant
Versus
Rajinder Kumar Sood – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
Petitioner seeks review of judgment in Rajinder Kumar Sood vs. Om Prakash Sood, [CMPMO No. 286 of 2018, decided on 4.10.2021]
i) For convenience, petitioner is hereinafter referred to as the review petitioner and the respondent as review respondent. For sake of clarity, it may be mentioned here that review petitioner was actually the respondent and review respondent was the petitioner in the aforesaid case. The aforementioned judgment allowed an application moved by the review respondent under Order 7 Rule 11 of Code of Civil Procedure (in short ‘CPC’). Consequently, the plaint instituted by review petitioner was rejected.
ii) Review petitioner challenged the decision in Rajinder Kumar Sood (supra) before the Hon’ble Apex Court in Special Leave Petition (Civil) Diary No. 15161/2022. The SLP was dismissed as withdrawn with following order passed on 12.12.2022:-
“Mr. Viplav Sharma, learned counsel for the petitioner would submit that the impugned order passed by the learned Single Judge is in the teeth of a full Bench of the same Court which takes a different view. However, there is no reference to the judgment of the full Bench.
Thus, the learned counsel f
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