1970 (1) TMI 85

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....ant: A.R. Choube, Adv. JUDGMENT K.L. Pandey, J. This is an application for review of a final order passed by a Division Bench, of this Court in Miscellaneous Petition No. 180 of 1965 dated January 10, 1968, to which one of us (Pandey, J.) was a party. The other Judge, Dixit C. J., has now retired. The precise question for consideration in this situation is whether, if an application for r....

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....rising it so to do. However, in Shivdeo Singh v. State of Punjab AIR 1963 SC 1909 the Supreme Court observed that the power of review to prevent miscarriage of justice or to correct grave and palpable errors inhered in every Court of plenary jurisdiction and that there was nothing in Article 226 of the Constitution to preclude the High Court from exercising it. Thus the point is no longer open to ....

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....pecial orders of the Chief Justice, all matters shall be heard and disposed of by a Bench of two Judges." It is true that when such a situation arises in a case covered by Order 47, Rule 5 of the Code of Civil Procedure, the application for review must be heard and disposed of by the remaining Judge sitting alone: Chhajju Ram v. Neki, AIR 1922 PC 112. But Order 47, Rule 5 does not proprio vigor....