ASHOK KUMAR Vs. JHUNU BABU

JUDGEMENT

(1.) Being aggrieved by the order dated 27.2.1998, passed in Civil Revision No. 898/1995, whereby a review application was filed by respondent No. 1 which is for consideration before this Court.

(2.) Learned counsel for the respondent No. 1 has raised a preliminary objection. The submission of respondent No. 1 is that the order dated 27.2.1998 was passed by Hon'ble Shri Justice N.P. Singh. Thereafter, in the present review petition, which was filed on 20.3.1998, the notices were also issued by Hon'ble Shri Justice N.P. Singh on 23.3.1998. At the time when the case is coming up for hearing, the petition is not maintainable in view of Section 114 and Order XLVII Rule 5 CPC which reads as under :-

(3.) Learned counsel for the respondent No. 1 submits that since the Hon'ble Judge who passed the order under review on 27.2.1998 and also who issued the notices in the present petition on 23.3.1998 was in the Office for more than six months and was retired on September 1999, therefore, after his retirement, the petition has become infructuous and cannot be entertained. Reliance placed on 0. XLVII Rule 5 CPC which reads and under: