NATIONAL INSURANCE COMPANY LIMITED Vs. MUTHAYAMMAL

JUDGEMENT

(1.) THIS Review Application seeking the review of Judgment of this Court dated 08.07.2008 made in C.M.A. No.639 of 2002 came up before me for admission.

(2.) UPON hearing the submissions made by Mrs. N.B. Surekha, learned counsel for the review applicant and after perusing the grounds of Review Application and the judgment which is sought to be reviewed, the following order is hereby passed:

(3.) HOWEVER, till the matter was heard on 08.07.2008 and a judgment was pronounced, the applicant/respondent did not enter appearance even though its name was printed in the cause list. The present stand taken by the applicant in the Review Application that they had already instructed Mr. Vijayaraghavan and given Vakalat to him to enter appearance on behalf of the applicant will show that the applicant was served with notice and the applicant had knowledge of the pendency of the Appeal. For the reasons best known to the applicant, no appearance was entered. The applicant has not stated the date on which such Vakalat was filed and the S.R. number assigned to such Vakalat. On verification of record, it is found that no such Vakalat was filed. Therefore, this Court is not in a position to accept the contention of the applicant that the judgment pronounced in the Appeal has to be reviewed or that the Appeal should be reheard on the said ground. The first ground alleged deserves to be rejected as untenable.