ILA PANDYA Vs. SMITA PATEL

JUDGEMENT

(1.) BY this petition, the original defendant in Suit No.17 of 1996, arising out of Petition No.132 of 1990, seeks review of the order passed by me on 8th August 1997 in Chamber Summons No.446 of 1997. Chamber Summons No.446 of 1997 was filed by the plaintiff for seeking particulars and in regard to Items (a) to (e) of 1st Schedule annexed to the Chamber Summons and inspection of the documents mentioned in 2nd Schedule annexed to the said Chamber Summons. However, in regard to documents mentioned in 2nd Schedule, compliance was already made by the defendant (petitioner herein), in regard to, Item 3 and item Nos.1 and 2 were dealt with on merits and rejected. Therefore, that aspect did not survive for consideration. However, as regards items (a) to (e) of Schedule I, an order came to be passed directing the petitioner herein to furnish particulars by 12th August 1997 on the basis of the statement made by her. In the course of the judgment, it has been observed thus :

(2.) HOWEVER , the defendant (Petitioner herein) disputed that she made any concession in regard to item (a) to (e) of schedule I and offered to file affidavit furnishing such particulars. In fact, she contended that she had seriously opposed those items and according to her, she had opposed all the prayers in the Chamber Summons. In fact, she submitted that Chamber Summons was opposed as it was not bonafide and was barred by res-judicata and principles analogous thereto. This submission did not seem to have been dealt with by me in the order.

(3.) HAVING regard to provisions of Order 47 of the Civil Procedure Code, Review Petition will be maintainable and that is not disputed by Shri Parikh for the respondent-original plaintiff. The question therefore, is whether the order impugned in this Review Petition should be reviewed and set aside.