ROSHAN LAL KUTHIALA Vs. SANSAR CHAND BANTA

JUDGEMENT

(1.) This review petition, although described as one in S.C.A. No. 6 of 1973, is really a review petition in Civil Review No. 1 of 1970.

(2.) The Respondent filed a suit for specific performance of an agreement between the parties and for possession of the major portion of a building as well as for mesne profits. The trial court decreed the suit with costs. In execution proceedings the Respondent obtained possession of the building. The Petitioner then applied under Order 47 and Ss. 144 and 151 of the Code of Civil Procedure. The application was dismissed by the executing court. A first appeal against that order was dismissed by Rangarajan J. On August 22, 1969 and a Letters Patent Appeal preferred thereafter was dismissed by a Division Bench consisting of Prakash Narain and P.S. Safeer JJ. on November 17, 1969. Against the order of the Division Bench the Petitioner applied for review. This Bench heard the review application and finding it of no substance rejected it on August 21, 1972. By the present petition a review is sought of the order dismissing the review petition. The Petitioner, who appears in person, contends that the order dated August 21, 1972, dismissing the review petition is without jurisdiction inasmuch as a Full Bench of the Court should have been constituted to hear and dispose of the said review petition. Reliance is placed on Rule 5 of Chapter III -B of Volume V of the Rules and Orders of the Punjab. High Court. Those rules are in force in this Court. The said Rule 5 provides:

(3.) I agree.