Order

04/08/2021 This review petition has been filed by the review petitioner under Section 114 of CPC readwith Section 152 of CPC for review / recalling the order dated 18.3.2021 passed by this Court in S.B. Civil Writ Petition No. 21551/2019 titled Smt.

Saraswati Devi Versus Smt. Shabana Alam & Anr.

Learned counsel for the review petitioner submits that the writ petitioner Saraswati Devi filed a writ petition before this Court challenging the order dated 25.7.2019 passed by the Trial Court, whereby it dismissed the application under Order 26 Rule 1 CPC filed by writ petitioner for issuing Commission for her examination. He further submits that after issuance of notice by this Court and upon service thereof, the review petitioner appeared before this Court through her counsel and on 2.3.2021, counsel filed his Vakalatnama on behalf of the review petitioner. He further submits that on 18.3.2021, aforesaid writ petition was listed before this Court, but name of the counsel for the review petitioner was not shown in the cause list and only the name of counsel for the petitioner and counsel for the respondent no.2 - Nagar Vikas Nyas, Kota were shown in the cause list. In support of his submissions, he has placed on record a copy of the cause list of 18.3.2021 as Annexure-2 alongwith this review petition. He further submits that from a perusal of the order dated 18.3.2021, it appears that name of Mr. Rajesh Mootha was shown as counsel for both the respondents, whereas he appeared only for respondent no.2 - Nagar Vikas Nyas, Kota, which is not a contesting respondent.

He further submits that after passing the impugned order dated 25.7.2019 by the trial court, the writ petitioner again filed a similar application before the trial court and the same was also dismissed by the trial court vide order dated 1.10.2019. The order dated 1.10.2019 was not challenged by the writ petitioner and it is still in force, but the writ petitioner did not disclose this fact and rather concealed this material fact from this Court. Thus, he has prayed to review / recall the order dated 18.3.2021 passed by this Court.

On the other hand, learned counsel for the review respondent / writ petitioner has opposed the same.

Taking into consideration the facts and circumstances of the case and more particularly in view of the fact that counsel for the review petitioner had filed his Vakalatnama on 2.3.2021, despite that his name was not shown in the cause list of 18.3.2021 when the case was listed before this Court and thus, no one had appeared on behalf of the review petitioner and no opportunity of hearing was granted to him, I deem it just and proper to recall the order dated 18.3.2021 passed by this Court.

Accordingly, the review petition is allowed and the order dated 18.3.2021 passed by this Court is recalled.

Registry is directed to proceed further in the matter and list the writ petition before appropriate Bench.

(PRAKASH GUPTA),J DILIP KHANDELWAL /12

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