IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP No. 434 of 2006()
1. N.D.JOY, NEELAMKAVIL BHAVAN,
... Petitioner
Vs
1. JINNY JOSEPH, W/O.JOSEPH KUNJU,
... Respondent
For Petitioner :SMT.RANI JOY
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :16/11/2006
O R D E R
K.T. SANKARAN, J.
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R.P.NO. 434 OF 2006 IN
C.R.P.NO. 999 OF 2004
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Dated this the 16th day of November,2006
O R D E R
By allowing M.J.C.No.535 of 2006, the result
would be that R.P.No.434 of 2006 gets restored.
R.P.No.434 of 2006 is to review the order dated
24.2.2006 in C.R.P.No.999 of 2004. In the Review
Petition it is stated thus:
“The C.R.P was posted for hearing and
clerk detailed for watching the list
failed to watch and report the listing of
the case in the new premises of the court
and it is not on account of any willful
negligence and latches on the part of the
petitioner and the counsel.”
In the grounds in the Review Petition it is stated that
fraud was played upon Court and that this Court failed
to appreciate that there was no reasonable ground for
condoning the delay in filing the appeal by the
respondent before the court below. Though the facts
stated and the grounds taken in the Review Petition are
R.P. NO. 434 OF 2006
:: 2 ::
not sufficient for exercising the power of review under
Order XLVII Rule 1 of the Code of Civil Procedure,
only to satisfy the petitioner that he was heard in the
Revision, I am inclined to allow the Review Petition.
The Review Petition is allowed.
(K.T.SANKARAN)
Judge
ahz/
K.T.SANKARAN, J.
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CRL.M.C.NO. OF
O R D E R
September, 2006
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