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1990 Supreme(Mad) 1126

MISHRA, BAKTHAVATSALAM, D.RAJA
The Mayavaram financial Corporation Limited, Mayiladulurai by its Managing Director R. Kalyanasundaram – Appellant
Versus
The Registrar of Chits, Pondicherry – Respondent


Advocates Appeared:
For the Petitioner:K. Chandramouli, Senior Counsel for M/s K.N Kothandaraman, K. Veeramani, Advocates.
For the Respondent: K S. Ahmed. Government Pleader.

Judgment :-

1. On a preliminary point to the hear ing of a review petition by a Division Bench that interms of Order 47. R. 5 of the C.P.C. where the Judge or Judges, or any one of the Judges, who passed the dec ree or made the order, a review of which is applied for, continues or continue attached to the Court at the time when the application for a review is presented and is not or are not precluded by absence of other cause for a period of six months next after the appli cation from considering the decree or order to which the application refers, such Judge or Judges or any of them shall and no other Judge or Judges of the Court shall hear the same, a Bench comprising of two of us refer red the matter to the Honble the Chief Justice for constituting a larger Bench, and the case has accordingly been brought before us.

2. The petitioner moved this Court in a Writ Petition No. 4015 of 1986 under Art. 226 of the Constitution of India for a Writ of Mandamus or any other writ or direction in the nature of writ to forbear the respondent from demanding or collecting any additional fee under S. 6 of the Pondicherry Chit Fund Act of 1966. The petition was heard by Nainar Sundaram, J. who pa






































































































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