VASANTHAKUMAR VENGADESSANE Vs. THE REGISTRAR GENERAL AND ORS.

JUDGEMENT

(1.) The petitioner, an advocate, has filed the present Public Interest Litigation, faced with the situation where a review application had been placed before a Bench of this Court, who had not passed the original order, even when the Judges, party to the earlier orders, were available to assign the matter, albeit at the Principal Seat, when the matter pertains to the Madurai Bench. This issue arose in a Special Leave Petition filed by the petitioner before the Hon'ble Supreme Court against the order in review, where the verdict was contrary to the original order and the original order had been reviewed.

(2.) It is the say of the petitioner that in view of the provisions of Order 47 Rule 5 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the said Code'), all review petitions are to be heard by the same Judge, who passed the order. The said provision reads as under:

(3.) A reading of the aforesaid provision shows that if the Judge, who passed the order or any one of the Judges who passed the order in a Bench, of which review is applied for, continues to hold office, then the matter must be placed before that Judge, subject to the following conditions: