RANDHIR KUMAR MOHEY Vs. INDUSTRIAL DISTRIBUTION

JUDGEMENT

(1.) The instant review petition has been filed by the appellant on the ground of mistake in respect of some factual aspect of the case manifested in the body' of the judgment inasmuch as it was observed that L. P. G. connection was transferred in name of Romi Mohey the wife of the appellant. The appellant/petitioner has not annexed the certified copy of the judgment and order dated 30.3.93 along with the review petition which is mandatory on the part of the review petitioner as per law. Therefore, the review petition suffers from inherent defect and is liable to be rejected.

(2.) However, we entertain the review petition to stand ourselves corrected on the aspect of factual mistake as stated above and pass this judgment in supercession of the judgment and order dt.30.3.93 passed in the above mentioned appeal and treating this judgment as the judgment of the appeal itself. JUDGMENT

(3.) Even we enterta in this review petition, this will not improve the position of the appellant very much, firstly Mrs. Romi Mohey who is the wife of the appellant and played vital role in the matter has not been made party in the proceeding. Although the L. P. G. connection stands in the name of the appellant who is registered and bona fide consumer under the respondents 1 and 2, still the L. P. G. connection is lying under custody of Romi Mohey the wife of the appellant and the L. P. G. connection was installed at the instance ofsaid Romi Mohey at her place and at that time the appellant did not put any objection in this regard, practically as a wife of the appellant. Mrs. Mohey has the right to claim over L. P. G. connection equitably. It is, therefore, no deficiency in service on the part of the respondent Nos.1 and 2. This is purely a dispute between the appellant and his wife Romi Mohey and the respondent Nos.3, 4 and 5 who the are relations of the wife of the appellant.