Case Note & Summary
The review petitioner, Sri. Venkateshwara Rao, filed a review petition under Order XLVII Rule 1 CPC seeking review of a judgment dated 23.04.2019 passed by a Coordinate Judge in Writ Petition No. 43051/2018 (KLR-RES). The original writ petition was filed by Sri. Gangappa and others seeking phodi work of their land. The review petitioner complained that in the guise of phodi work, his property was being unjustifiably interfered with by the official respondents. The court noted that the consistent view of the Apex Court is that the provisions of Order XLIII Rules 1 & 2 CPC apply to review of judgments rendered in writ jurisdiction. The constraints enacted in these provisions prevent a person who was not a party to the original writ petition from prosecuting a review petition. Since the review petitioner was not a party to the writ petition, the review petition was not maintainable. The court dismissed the review petition with no order as to costs.
Headnote
A) Civil Procedure - Review Petition - Maintainability - Order XLIII Rules 1 & 2 CPC - A review petition filed by a person who was not a party to the original writ petition is not maintainable as the constraints under Order XLIII Rules 1 & 2 CPC apply to review of judgments rendered in writ jurisdiction. The review petitioner, not being a party to the writ petition, cannot seek review. (Paras 2-4)
Issue of Consideration
Whether a person who was not a party to the original writ petition can maintain a review petition under Order XLIII Rules 1 & 2 CPC.
Final Decision
The review petition is dismissed as not maintainable. No order as to costs.
Law Points
- Review jurisdiction
- Order XLIII Rules 1 & 2 CPC
- Non-party review
- Writ jurisdiction
