NARAYANA DHARMA SANGHOM TRUST Vs. SWAMI PRAKASANANDA

JUDGEMENT

(1.) By order dated 19.6.1995, this court allowed the Civil Revision Petition. Respondent No. 1 in the Civil Revision Petition filed Petition for Special Leave to Appeal (Civil) No. 13667 of 1995 before the Supreme Court challenging the said order. On 29.6.1995, the Supreme Court passed the following order on that petition for Special Leave to Appeal.

(2.) On 11.7.1995, the same respondent filed the Review Petition before this Court seeking a review of the order of this court dt. 19.6.1995. Since this court entertained a doubt whether this court still retained the power of review over the order dt. 19.6.1995, in view of the order of the Supreme court dt. 29.6.1995, this court while issuing notice on the Review Petition reserved that question for consideration as a preliminary point. The order of this court dt. 1.11.1995 reads as follows:

(3.) It is argued on behalf of the opposite party that since the petitioner has applied fore Special Leave to Appeal to the Supreme court before this Court, the Review is not maintainable under O.47 R.1 of the Code of Civil Procedure. The decision of the Supreme Court in Thungabhadra Industries Ltd. v. Government of A. P. ( AIR 1964 SC 1372 ), was relied on in support. The decision of the Privy Council in Nagendranath v. Suresh ( AIR 1932 PC 165 ) and of the Supreme Court in Shankar v. Krishna ( AIR 1970 SC 1 ) were also relied on, to explain the concept of Appeal. The decision of the High Court of Madras in Chappan v. Moideenkutty (ILR 22 Madras 68) was also referred to. Alternatively, it was contended that the order of the Supreme Court dt. 29.6.1995 is a speaking order and hence the order of this court has merged in the order of the Supreme Court and consequently, this Court had no power to review the order dt. 19.6.1995.