MUKUL PATHAK Vs. HEMEN DAS

JUDGEMENT

(1.) THIS application for review has been filed to review the order dated 16.7.93 passed by a Single judge (Hon'ble Homchoudhuri, J) in Civil Rule No. 1945/93. The order dated 16.7.93 is quoted below:

(2.) THE admitted position is that the present review Petitioner (Mukul Pathak) was the Respondent No. 5 in the Civil Rule, but without issuing any notice to him, the learned Single Judge allowed the Civil Rule and disposed of the matter on the day of moving the application. So, this order admittedly is in violation of the principle of natural justice.

(3.) THAT the court has the power to review its own order in exercise of power under Article 226 of the Constitution of India is settled as far as back as in 1963. In : AIR 1963 SC 1909 Shivdeo Singh v. State of Punjab where the Supreme Court pointed out as follows: