G DASARATHARAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS Civil Review Petition was listed before this bench for Admission in pursuance of the Administrative order passed by the Hon'ble Chief Justice in exercise of his power under Rule 5 of the Karnataka High Court Rules, 1959 (in short 'rules'.

(2.) WHEN the matter came up for admission before this bench, the learned counsel Sri G. S. Visweswara, on behalf of the petitioner raised the preliminary objection regarding hearing of this C. P. by this bench consisting of two Judges wherein one of the learned Judge was not the member of Judge who heard the Writ Appeal placing reliance upon the provisions of Order 47, Rule 5 of C. P. C. contending that the matter should be heard by my learned brother Judge Mr. Justice Gopala Gowda, alone for the reason that the Division Bench which has heard the matter consists of Hon'ble Justice the then Chief Justice R. P. Sethi and Mr. Justice V. Gopala Gowda, - the learned former Chief Justice has been elevated to the Hon'ble Supreme Court of India and therefore, this Civil Revision has to be heard only by the other learned Judge alone who is available for sitting. In support of his contention, he relied on the following decisions which are reported in :air 1960 Raj 12 - Sheo Prakash Singh v. State of Rajasthanair 1966 Andh Pra 173 - Veluri Seetharamasastry v. Isukapalli Sundarammaair 1970 Madh Pra 131 - Manoharlal Verma v. State of M. P. AIR 1975 Raj 55 - Bhera v. Board of Revenueair 1942 Mad 23 - Chenna Reddy : In reair 1922 PC 112 : Chhajju Ram v. Neki.

(3.) IN the light of the preliminary objections raised under O. 47, R. 5, and the proviso to the said rule, the point that would arise for consideration for this Court is whether the Bench constituted by the Hon'ble Chief Justice in the disposed of matter, can hear the Review Petition?