Smt. John Joseph vs Health And Family Welfare
2025 Latest Caselaw 2580 MP

Madhya Pradesh High Court

Smt. John Joseph vs Health And Family Welfare on 9 January, 2025

Author: Vishal Mishra

Bench: Vishal Mishra

         NEUTRAL CITATION NO. 2025:MPHC-JBP:958




                                                                 1                                RP-1380-2024
                              IN     THE       HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                           BEFORE
                                             HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                    ON THE 9 th OF JANUARY, 2025
                                                 REVIEW PETITION No. 1380 of 2024
                                              SMT. JOHN JOSEPH AND OTHERS
                                                          Versus
                                         HEALTH AND FAMILY WELFARE AND OTHERS
                           Appearance:
                              Shri Akash Choudhary - Advocate for petitioner.
                              Shri A. S. Baghel - Government Advocate for respondents/State.

                                                                  ORDER

This review petition has been filed seeking review of order dated 23/09/2024 passed in W.P. No.12122/2013 on the ground that no permission was granted by petitioner to the counsel to withdraw the petition. However, he prayed for withdrawal of petition at the outset which is reflected from order dated 23/09/2024.

Learned counsel appearing for the petitioner submits that petitioner wants to contest the matter on merits as the legal issue is involved in the matter. Reliance is placed on the judgment passed by Hon'ble Supreme Court in the case of Board of Control for Cricket in India and Another Vs. Netaji Cricket Club and Others

reported in (2005) 4 SCC 741, wherein the aforesaid legal aspect was taken note of which was subsequently followed in R.P. No.780/2015 by the Co-ordinate Bench of this Court and vide order dated 12/02/2016, the aforesaid Review Petition was allowed and the matter was directed to be heard afresh on merits. He further submits that petitioner is also ready to furnish some reasonable cost if the Court inclines to impose the same.

NEUTRAL CITATION NO. 2025:MPHC-JBP:958

2 RP-1380-2024 Learned counsel appearing for the respondents/State though objected the same but he could not distinguish the judgment passed by Hon'ble Supreme Court in the case of Board of Control for Cricket in India (supra) .

The Hon'ble Supreme Court in the case of Board of Control for Cricket in India (supra) has held as under:-

"90. Thus, a mistake on the part of the court which would include a mistake in the nature of the undertaking may also call for a review of the order. An application for review would also be maintainable if there exists sufficient reason therefor. What would constitute sufficient reason would depend on the facts and circumstances of the case. The words "sufficient reason" in Order 47 Rule 1 of the Code are wide enough to include a misconception of fact or law by a court or even an advocate. An application for review may be necessitated by way of invoking the doctrine "actus curiae neminem gravabit"."

Under these circumstances, as the matter has not been contested on merits, the review application is allowed. W.P. No.12122/2013 is restored to its original number to be heard on merits subject to payment of cost of Rs.5,000/- (Rupees Five Thousand Only) to be deposited by petitioner in the account of M.P. High Court Bar Association (SB A/c No.519302010000549, IFS CODE:

UBIN0551937, Union Bank of India, State Bar Council High Court Branch, Jabalpur) within seven working days from today.

With aforesaid observations, this Review Petition is allowed.

(VISHAL MISHRA) JUDGE

L.Raj