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1973 Supreme(Mad) 510

Madras High Court
K. N. MUDALIYAR
Corporation of Madras - Appellant
Versus
P.G.Arunachalam - Respondent
Decided On : 10/19/1973

Inadvertence is not a valid ground for seeking review of a judgment under Order 47, Rule 1.

Headnote:

Review Petition - Grounds for Review - Inadvertence not a Ground for Review

Fact of the Case:

The petitioner sought review of a judgment due to inadvertence in not producing a relevant decision during the original hearing. The court found that inadvertence is not a valid ground for review under Order 47, Rule 1.

Finding of the Court:

The court dismissed the review petition, stating that the plea of inadvertence is not a valid ground for reviewing the order.

Issues: The issue was whether inadvertence is a valid ground for seeking review of a judgment.

Ratio Decidendi: The court held that under Order 47, Rule 1, inadvertence is not a valid ground for reviewing a judgment.

Final Decision: The review petition was dismissed by the court.

ORDER :- The petitioner prays for review of the judgement of this court made in W. P. 230 of 1971, dated 28-8-1973.

2. The ground on which the petitioner seeks to get the order in question reviewed is set out here below.

"The petitioner further submits that due to inadvertence, the respondent in the writ petition was not able to produce the abovementioned unreported decision on the date of hearing of the writ petition. The respondent did not urge anything against any procedural aspect of the enquiry. Hence if the decision has been placed before this Honourable Court, the writ petition should have been dismissed." Admittedly, the judgement of the Division Bench (Veeraswami, C.J. and Gokulakrishnan J.) in W. A. 188 of 1967 (Mad) (L. Sivanarayanalal v. Corpn. of Madras, represented by its Commissioner and another) has not been brought to my notice. The petitioner pleaded 'inadvertence' for his not producing the judgement of the Division Bench. I am afraid, under Order 47, Rule 1 inadvertence' is not a ground. The judgement of the Division Bench was delivered as early as 15-7-1969 and it is significant to notice that the petitioner was the first respondent in that case. The respondent in W. P. 230 of 1971 (the review petitioner) was possessed of the knowledge of the existence of the judgement of the Division Bench since 1969. The plea of 'inadvertance' is not a ground within the meaning of Order 47, Rule 1 for reviewing the order of this court. Petition dismissed.

Petition dismissed.

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