P. SHEELA REMANI Vs. R. MOHANKUMAR

JUDGEMENT

(1.) The first respondent came up in review against the judgment of this court, not through the counsel, who had appeared in appeal before this court.

(2.) The appeal was preferred against the order of remand by the first appellate court by which the order of dismissal of a claim petition under Order XXI Rule 58 C.P.C. was set aside and remanded the matter back to the trial court for fresh consideration. This court on consideration of the dispute and after hearing both the parties, found that the application under Order XXI Rule 58 C.P.C. would arise only when there is an attachment over the property either under Order XXI or Order XXXVIII C.P.C. No such order of attachment was passed and as such, there is no scope for preferring an application under Order XXI Rule 58 C.P.C. Hence, the order of remand was set aside by restoring the order of dismissal of the claim petition by the trial court, by reserving the right of the appellant to exhaust the remedy under Order XXI Rule 97 C.P.C. at any appropriate stage.

(3.) Admittedly, the review petitioner, who is the claim petitioner under Order XXI Rule 58 C.P.C., is not a party to the suit and there is no order of attachment of any property held either by him or any other person. Since there is no order of attachment, there cannot be any adjudication under Order XXI Rule 58 C.P.C. and this court confirmed the order of dismissal of the claim petition by the trial court on that ground. The present review petition is filed by yet another counsel without any sufficient reason, much less any reason. The fact that it was filed through some other counsel by the first respondent assumes importance at this stage and this would tell upon what is behind it. The counsel appearing for the review petitioner advanced an extensive argument as if it were an appeal, overlooking all settled principles and even gone up to the extent of making unwarranted comments. This court has no other option, but to dismiss the review petition with cost of the respondents and an additional cost of Rs.10,000.00(Rupees Ten Thousand) to be paid to KELSA within fourteen days from today, failing which, it shall be recovered from the review petitioner/first respondent in the appeal.