Supreme Court of India
Pandit Dhana Mali vs Bhimabai (D) Th. Lrs. on 26 April, 2005
Equivalent citations: AIRONLINE 2005 SC 399, 2002 LAB IC 156, (2005) 5 SCALE 263, (2002) 3 GAU LR 104, (2003) 1 ALLINDCAS 393
Bench: R.C. Lahoti, D.M. Dharmadhikari, P.K. Balasubramanyan
ORDER
1. An application seeking review of the judgment passed by the High Court in second appeal has bene dismissed on the ground 'not maintainable'. The learned single Judge of the High Court has held that as against a judgment in second appeal "a remedy by way of application of review is entirely misconceive". This proposition seems to have been too widely stated by the learned Judge. We clarify that a judgment in second appeal may also be open to review subject to a ground therefore being available within the meaning of Rule 1 Order XLVII of the Civil Procedure Code.
2. So far as the present case is concerned, having heard the learned counsel for the petitioner independent of the view formed by the High Court, we are satisfied that a case for review of the judgment was not made out.
3. The special leave petition is dismissed.