KRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Chief Justice Shri K. Bhaskaran and myself disposed of these two writ petitions. Two applications for review of these judgments are now filed. Chief Justice Shri K. Bhaskaran is no longer available to hear the applications. The question is whether the review petitions should not still be heard by a Division Bench or whether it can be heard only by me sitting singly. O.47 R.5 of the Code of Civil Procedure is pressed into service for the contention that the review petitions have to be heard only by one of the Judges who heard the case earlier, when the other Judge is not available and no other bench can hear and dispose of the applications.

(2.) O.47 R.5 C. P. C. reads thus:-

(3.) However, S.141 of the Code which insists that "the procedure provided in this Code in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction" excluded by the explanation inserted by the Amendment Act of 1975, 'proceeding under Art.226 of the Constitution'