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2003 Supreme(J&K) 236

PERMOD KOHLI
Chamber Of Commerce – Appellant
Versus
Ashok Kumar Gupta – Respondent


Advocates Appeared:
Advocate For Appellant: L.K. Sharma
Advocate For Respondent: Ashok Parihar

Validity of order dated 7-2-2003 passed in CIMA No. 151/02 has been called in question by invoking the review jurisdiction of this Court on the following grounds:

(i) Appeal has been decided without summoning and hearing all the respondents in the appeal;

(ii) the appellate Court decided the appeal without admitting the same;

(iii) the counsel for the petitioner (respondent in the appeal) did not agree for disposal of the suit;

(iv) the appeal has been accepted on the grounds not set up in the plaint / memo of appeal;

(v) the judgment relied upon by the appellate Court as reported in AIR 1967 SC 687 cannot be applied to interpret the Bye-laws/ Constitution of an Association, which is a non-statutory body;

(vi) the amendment of the constitution, subject matter of challenge in the suit has been quashed while dealing with the question of grant of interim relief; and

(vii) The appellate Court did not comment on the order of the trial Court and allowed the appeal without setting aside the order impugned in the appeal.

On the above premises, it is contended that there is an error apparent on the face of the record warranting interference in exercise of the powers of review under section 114, Or





















































































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