(1.) THE counsel for the 3rd respondent has filed an application under Section 151 CPC to the effect that the writ appeal was disposed of by the Division Bench consisting of Justice V. Gopala Gowda and Justice L. Narayana Swamy, hence the review petition should be heard and decided by the same Bench. THE notification dated 29.12.2008 issued by Chief Justice permits the review petitions to be heard by the Bench other than that which passed the order is contrary to the provisions of Rule 5 of the Karnataka High Court Rules. THE text of the notification and the relevant provisions of the above rules are extracted for convenient reference: Rule 5 of the Karnataka High Court Rules, 1959 reads thus:
(2.) IN the light of the above rules, it is sought to be argued that the Circular issued by the Honble Chief Justice is incorrect and contrary to the rule. It is strenuously contended that the review petitions have to be heard by the Bench which passed the order and not by the other Bench.
(3.) KEEPING in view the practical considerations the above notification is issued. Therefore the notification cannot be termed as arbitrary and illegal.