LAWS(CHH)-2020-6-30

SMT KANTI MISHRA Vs. RAJENDRA SHANKAR SHUKLA

Decided On June 11, 2020
Smt Kanti Mishra Appellant
V/S
Rajendra Shankar Shukla Respondents

JUDGEMENT

(1.) This application titled as ' Application for modification by recall of order dated 13.02.2020 passed by circulation in chamber against dead person despite pendency of application dated 11.12.2019 for substitution of legal representatives', is, in fact, a prayer for review of the order dated 13.02.2020 passed in REVP No.252/2019, which was itself an order passed under review jurisdiction.

(2.) There is no provision under which review of an order passed under the review jurisdiction is maintainable under Order 47 Rule 1 of the Code of Civil Procedure, 1908.

(3.) Even otherwise SA No.782/1998 was decided by this Court on 14.11.2019. The suit itself was filed on 14.11.1971 i.e., about 48 years ago. Thereafter the review petition was dismissed by circulation in chamber under provisions of subrule (2) of Rule 90 under Chapter VI of the High Court of Chhattisgarh Rules, 2007.