P.N. BALARAM Vs. EZHUTHASSAN ELECTRONICS (P) LTD

JUDGEMENT

(1.) The applicant in C.A.No.92 of 2020 in Report No.93 of 2020 in C.P.No.3 of 1998 has filed this review petition under Order XLVII Rule 1 read with Sec. 114 of the Code of Civil Procedure, 1908 to review the order passed by this Cout on 24/7/2023 allowing Report No.93 of 2020 and dismissing C.A.No.92 of 2020.

(2.) According to the revision petitioner, the impugned order was passed without considering the offer made by the revision petitioner to publish the advertisement at his cost as per the stipulations made by the respondent. It is further stated that the revision petitioner could have published the notice at a lesser cost, if he was permitted to do so. Another ground alleged for review is that the review petitioner is not in a position to deposit the amount, as prayed for, in Report No.93 of 2020 due to financial constraints.

(3.) On going through the order dtd. 24/7/2023 passed by my learned predecessor in office, it is seen that all the challenges which the review petitioner has now raised, had been considered and rejected. There is absolutely no error apparent on the face of the record warranting interference in review, and the petitioner could not bring out anything to show that any new aspect, which he could not agitate at the time of hearing this issue on 24/7/2023, has arisen now. The order dtd. 24/7/2023 also does not suffer from any other reason warranting interference in review at this stage of the proceedings. Therefore, the present application is prima facie unsustainable since it is beyond the scope of Order XLVII Rule 1 read with Sec. 114 of the Code of Civil Procedure.