Back
2025 Supreme(Online)(SC) 80
SUPREME COURT OF INDIA
SMT. PRAKASHI – Appellant
Versus
HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. – Respondent
R.P.(C) No.-000110-000123 - 2025
Important Points
Subject
Civil Law - Review Applications
Act Referred
Supreme Court Rules: Order 47
Headnote
(B) Review Grounds - Grounds raised were beyond the scope of Order 47 Rule 1 of CPC and Supreme Court Rules, 2013. (Para 5)
Facts of the case:
The applicants sought review of a judgment allowing civil appeals without notice to some respondents, claiming their predecessors had passed away.
Findings of Court:
The court found no basis for the review as there was no intimation of death provided by the appellants.
Issues: The main issue was whether the appellants were at fault for not bringing legal representatives on record.
Ratio Decidendi: The court ruled that in the absence of intimation of death, the appellants could not be faulted for not bringing legal representatives on record.
Result: Review application dismissed.
O R D E R
1. Delay condoned.
2. The applicants are seeking review of the judgment and order dated 9th February, 2023 passed by a coordinate Bench of this Court (cor. M.R. Shah and Hima Kohli, JJ.) partially allowing a bunch of civil appeals preferred by the Haryana State Industrial and Infrastructure Development Corporation Limited and others1, challenging the judgment and order dated 5th July, 2019 passed by the High Court of Punjab and Haryana at Chandigarh.
3. The only substantial ground on which a review could have been available is ground ‘B’. According to the applicants, the appeal came to be allowed by this Court without notice to some of them. Their predecessors having passed away, the appellants ought to have brought on record their legal representatives on record which they did not for reasons known to them.
4. There is no averment in the application for review that during the pendency of the civil appeals, intimation of death of the deceased respondents was given to the advocate-on-record for the appellants in terms of Order 22 Rule 10A of the Code of Civil Procedure , 19082. In the absence of any such intimation, the appellants cannot be faulted for not bringing on record the legal representatives of the deceased respondents.
5. The other grounds raised in the application are beyond the parameters of Order 47 Rule 1 of the CPC as well as Order 47 of the Supreme Court Rules , 2013.
6. The application for review is, accordingly, dismissed.
7. Pending application(s), if any, shall stand disposed of.
