SHILPA CO-OPERATIVE HOUSING SOCIETY, THROUGH ITS SECRETARY - SANDEEP SABALE, HAVING ITS OFFICE Vs. JANABAI WIFE OF GULABRAO WANGAL

JUDGEMENT

(1.) Rule. Heard finally with consent of learned counsel for the parties.

(2.) The question that arises for determination in this Writ Petition is whether the Civil Court can in absence of any application for review exercise suo motu power for reviewing its earlier order.

(3.) Shri P. V. Vaidya, learned counsel for the petitioner, submitted that the trial Court exceeded its jurisdiction in recalling its earlier order in the absence of any challenge to the same. Despite observing that there was no application for review of that order, the trial Court could not have exercised suo motu power and recalled its earlier order. He referred to the provisions of Order-XLVII, Rule 1 of the Civil Procedure Code, 1908 [for short "the Code"] in that regard. It was further submitted that the order directing the plaint to be returned was passed without hearing the parties and the impugned order on that count also was not sustainable. In support of his submissions, the learned counsel placed reliance on the decisions in [1] Murlibai wd/o Satyanarayan Gupta & another Vs. Omprakash Satyanarayan Gupta, 1980 MahLJ 86 and [2] Mukesh K. Bajapa Vs. Municipal Corporation of Gr. Bombay, (2003) 2 MahLJ 256.