(1.) RESPONDENT/applicant has filed the present application under Section 114 read with Order XLII Code of Civil Procedure (for short as 'code')seeking recall and review of the order dated 8th September, 2008 passed in the appeal. It is also prayed that this Court refer the matter and place it before Hon'ble the Chief Justice on the question of conflicting decisions/judgment of Mr. Justice C. M. Nayar (Retd.) rendered earlier in time in the matter of Sarita Sarwal v. Deepak Sarwal, (1992) 46 DLT 506 in which it was held that the provision of Section 13-B (2) of Hindu Marriage act (for short as 'act') is mandatory and not directory, and that of Kailash gambhir, J. in the matter of Parhottam Lal v. Surjeet Kaur, (2008) 103 drj 416 rendered later in time wherein it has been held that the provision of Section 13-B (2) of the Act is directory and not mandatory.
(2.) REPLY to this application has been filed on behalf of the appellant/non-applicant, opposing it stating that the grounds stated in the review application do not at all fall within the ambit and scope of Order 47 rule 1 of the Code and right of review is not a right of appeal where all questions decided are open to challenge. A review cannot be sought merely for fresh hearing or arguments or even for correction of an erroneous view taken earlier.
(3.) RESPONDENT/applicant filed rejoinder contro- verting the allegations of appellant/non-applicant.