HCM INSTITUTE RIPA Vs. JAI SINGH

JUDGEMENT

(1.) The brief facts leading to the case being fixed before me today are as under:

(2.) This review petition has been filed against the judgment in D.B. Civil Special Appeal No. 308/97 rendered by a Division Bench consisting of Hon'ble Mr. Justice M-P. Singh and Hon'ble Mr, Justice Arun Madan. Hon'ble Mr. Justice M.P. Singh has since retired and for that reason, is not available to hear the review petition.

(3.) Initially, when the review petition was filed, the Division Bench deciding the special appeal was available arid the matter was placed before the Bench consisting of Hon'ble Mr Justice M.P. Singh and Hon'ble Mr. Justice Arun Madan on 30.9.97. Notices were directed to be issued to the respondents. The review petition continued to be posted before different Division Benches even after retirement of Hon'ble Mr. Justice M.P. Singh. When it was posted, before the Division Bench consisting of myself and Hon'ble Mr. Justice Arun Madan on 17.5.2000, it was directed that it be placed before Hbh'ble Mr. Justice Arun Madan sitting singly in view of Rule 64 of the Rules of the High Court of Judicature for Rajasthan, 1952 (hereinafter referred to as 'the Rules'). When the matter was placed before Hon'ble Mr. Justice Arun Madan on 25.5.2000, he directed it to be placed before me again. Learned counsel for the parties submitted that this order was made by the learned Single Judge when his attention was drawn to a decision of the Supreme Court in State of Rajasthan v. Gopal Singh. This is how the matter has been posted before me.