Allahabad High Court
Smt. Madhu vs Additional District Judge Court No. 4 ... on 27 May, 2024
Author: Jaspreet Singh
Bench: Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:40331
Court No. - 21
Case :- CIVIL MISC REVIEW APPLICATION No. - 72 of 2024
Applicant :- Smt. Madhu
Opposite Party :- Additional District Judge Court No. 4 Sitapur And Another
Counsel for Applicant :- Manju Singh
Hon'ble Jaspreet Singh,J.
1. The instant review-application has been moved by the review-petitioner seeking review of the judgment/order passed by this Court on 09.01.2024 in a petition under Article 227 of the Constitution of India bearing No. 8 of 2021 whereby the petition has been dismissed.
2. The learned counsel for the review-petitioner has submitted that in the main petition, a decision was placed on record dated 24.02.2015 which was passed by a coordinate Bench of this Court in a Petition bearing No. 619 (MS) of 2015 (Smt. Madhu Vs. District Judge, Sitapur and Another) and the observations made therein have not been noticed which has resulted in an incorrect order and it goes to the roots of the matter, hence, the order be reviewed.
3. The Court has considered the aforesaid submissions and a copy of the said order dated 24.02.2015 passed in the petition bearing No. 619 (MS) of 2019 has been provided to the Court for perusal and the same is taken on record.
4. From the perusal of the said order, it would indicate that the petitioner had raised the issue which has been raised herein and the coordinate Bench of this Court while taking note of the facts and the circumstances dismissed the petition of the present review-petitioner, however, while dismissing the petition, it was also noticed that the order which was impugned in the petition bearing No. 619 (MS) of 2019 was only to the effect that earlier an appeal had been filed which upon the request of the parties was converted in a revision.
5. Thus, the Coordinate Bench of this Court noticing the submissions of learned counsel for the petitioner had dismissed the petition, moreover, observing that the issues which have been raised are open and to be considered by the Revisional Court on its own merit.
6. However, from the perusal of the judgment dated 09.01.2024, the issue before the Court was in context with the impleadment of the parties and the same has been taken note of by the Court and with a detailed discussion, the same has been dismissed.
7. The effect or the impact of the order dated 24.02.2015 passed in the petition bearing No. 619 (MS) of 2015 has no bearing since there was no adjudication in the said order. Any observations made by a coordinate Bench of this Court that all such issues were to be considered before the Court where the proceeding is pending.
8. Considering the aforesaid, this Court does not find that there is any error apparent on the face of record to bring this within the ambit of Section 114 read with Order 47 Rule (i) C.P.C., consequently, the review-application is dismissed.
Order Date :- 27.5.2024
Asheesh
