ANIL KUMAR GUPTA Vs. AJIT KUMAR

JUDGEMENT

(1.) The review petition has been filed under Sec. 114 read with Sec. 151 CPC seeking review of the order dtd. 27/10/2022.

(2.) Learned counsel appearing for the review petitioner/ defendant submits that by order dtd. 27/10/2022, certain directions had been passed by this Court in IA No. 5610/2020, which is an application under Order 39 Rule 2A CPC. Learned counsel submits that since there are no orders under Order 39 Rules 1 and 2 CPC, therefore, the application under Order 39 Rule 2A CPC was not maintainable. She relies upon the judgment passed by the Hon'ble Supreme Court in Food Corpn. of India v. Sukh Deo Prasad, (2009) 5 SCC 665, in support of her submissions.

(3.) It is seen from the record that this Court has neither disposed of the said application, IA No. 5610/2020 filed under Order 39 Rule 2A CPC nor has adjudicated upon the maintainability of the said application.