AIR 2004 DELHI 48 ::(2003) 12 IndLD 168 ::(2003) 106 DLT 427 ::2003 (4) RecCivR 851 ::2003 (70) DRJ 649 ::(2003) 12 AllIndCas 219 (DEL)

Delhi High Court

Hon'ble Judge(s): R. C. Jain , J

Civil P.C. (5 of 1908) , S.151, O.47 R.1— @page-Del49Review - Must always be heard by same Judge or Court - However, there can be exception to this general principle - Order passed by District/Additional District Judge during pendency of trial - Can be reviewed by Civil Judge after case is transferred to his Court due to statutory change in pecuniary jurisdiction of Courts vesting same powers and jurisdiction. It is true that the general principle, for very good reason, is that a review must always be heard by some Judge or by the same Court but there are situations in which this is not possible particularly where the same judicial officer is not available and in these situations it is very settled law that any other Court of competent jurisdiction can hear the case. Ideally the application for review should be answered by the Court which passes the decree or order and it is for the reasons that he is considered to be the best Judge/person to appreciate, consider and answer the said application, he having himself passed the order or decree sought to be reviewed. However, once such Judge/presiding officer is not available owing to various reasons, viz. transfer, superannuation, death and alike reasons the other competent Court is authorised and empowered to deal with the review application and the application cannot be dismissed merely on the ground that the ....