SARDAR BALBIR SINGH Vs. ATMA RAM SRIVASTAVA

JUDGEMENT

(1.) THIS application purports to be an application for 'reviewing, correcting and amending' the opinion given by the Full Bench on a question of law referred to it by a learned single Judge. It has been made "under S. 151/152 read with Or. 47 R. 1 C. P. C."

(2.) IN a revision filed u/s. 115 CPC the learned single Judge hearing the revision referred for the opinion of a larger bench the following question of law: "Is the plaintiff's suit (No. 16 of 73) maintainable having regard to the provision of O. 2 R. 2 of the Civil Procedure Code?" A Bench of five Judges was constituted and it answered the question in the affirmative. It is in respect of the opinion of the Full Bench that the present application has been moved.

(3.) S.151 C. P. C. can also not be brought in aid for treating the present application as an application for review. Only a question of law referred by a single Judge has been answered by a Full Bench. Rehearing of the same question of law cannot be deemed to be contemplated by S. 151 C. P. C. as its re-hearing cannot be deemed to be necessary for the ends of justice or for preventing abuse of the process of the court when the rights of the parties have yet to be determined in the revision. Sec. 151 C. P. C. is not meant to give a second inning to a party if a question of law is answered against it.