Sikkim High Court
Aishwarya Rai vs Jigmi Phunchok Bhutia And Anr on 5 April, 2022
Bench: Bhaskar Raj Pradhan
1
Review Petition (C) No. 03 of 2021
Aishwarya Rai vs. Jigmi Phunchok Bhutia & Anr.
THE HIGH COURT OF SIKKIM: GANGTOK
(Civil Extra Ordinary Jurisdiction)
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SINGLE BENCH: HON'BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE
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Review Petition (C) No. 03 of 2021
Aishwarya Rai,
D/o Late Gyanson Rai,
Permanent resident at Dokan Dara,
Kurseong, District Darjeeling
and also residing at Lower Sichey,
Gangtok, East Sikkim
737 101.
..... Petitioner
Versus
1. Jigmi Phunchok Bhutia,
S/o Late S.T. Bhutia,
Residing at Children's Park,
Tibet Road, Gangtok,
East Sikkim, 737 101.
2. General Public
.... Respondents
Petition for Review under Order 47 Rule 1 read with Section
114 and 151 of the Code of Civil Procedure, 1908.
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Appearance:
Mr. N. B. Khatiwada, Senior Advocate with Ms. Navtara
Sarda, Legal Aid Counsel for the Petitioner.
Mr. Souri Ghosal and Mr. Amresh Kumar Mandal,
Advocates for the respondents.
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Date of hearing : 05.04.2022
Date of Order : 05.04.2022
O R D E R (O R A L)
Bhaskar Raj Pradhan, J.
1. Examined the review petition filed by the petitioner against
the order dated 03.08.2021 passed by this Court in W.P. (C) No.
26 of 2021. Also heard Mr. N. B. Khatiwada, learned Senior
Review Petition (C) No. 03 of 2021
Aishwarya Rai vs. Jigmi Phunchok Bhutia & Anr.
Counsel assisted by Ms. Navtara Sarda, learned counsel for the
petitioner as well as Mr. Souri Ghosal along with Mr. Amresh
Mandal, learned Counsel for the respondents.
2. On perusal of the application it seems the only justifiable
grievance is the observation of this court regarding late Sonam
Topden Bhutia in paragraph 13. It is the submissions of the
learned counsel for the petitioner that since late Sonam Topden
Bhutia was no longer alive the question of joining him as a party
did not arise. A reading of the order in its entirety however, clears
the doubt that this court was talking about the heirs of late
Sonam Topden Bhutia in the said paragraph and that this court
was fully aware that late Sonam Topden Bhutia was no longer
alive. In such view of the matter question of joining late Sonam
Topden Bhutia as a party would not arise. In any case the
learned counsel for the respondents submits that subsequently
an application was filed by the petitioner under Order I, Rule 10
(4) read with section 151 of the Code of Civil Procedure, 1908
praying for amendment of plaint which was partially allowed by
the learned Civil Judge, Junior Division, East Sikkim at Gangtok
by order dated 21.03.2022. In view of the same the review
petition in any case has become infructuous. Examined the
application as well as the order dated 21.03.2022 passed by the
learned Civil Judge. The learned Civil Judge has partially allowed
the application and Angela Penzum Bhutia and Elimith Lepcha
have been arrayed in the pending proceedings. Thus, nothing
remains to be adjudicated in this Review Petition.
Review Petition (C) No. 03 of 2021
Aishwarya Rai vs. Jigmi Phunchok Bhutia & Anr.
3. A Division Bench of this Court in Janga Bahadur Chettri vs.
State of Sikkim & Ors.1 had held that the Court's jurisdiction to
review its own judgment is limited following the ratio laid by the
Supreme Court in Union of India & Ors. vs. B. Valluvan & Ors.2.
The Supreme Court had held that the power of review must be
exercised within the limitations as provided under section 114
read with Order 47 of the Code of Civil Procedure, 1908 (CPC).
None of the other grounds taken in the present review petition
falls within the parameters of section 114 read with Order 47 of
the CPC. The review petition is accordingly dismissed along with
pending application for stay.
( Bhaskar Raj Pradhan )
Judge
Approved for reporting : Yes/No
Internet : Yes/No
to/
1 2015 SCC OnLine Sikk 51
2 AIR 2007 SC 210
