AIR 1999 CALCUTTA 29 ::1999 A I H C 718 ::1999 (2) RecCivR 328 ::1999 (1) CalLJ 164 ::1998 (2) Cal HN 166 ::1998 (3) Cal LT 348 ::(1998) 2 Cal WN 358 ::1999 (1) ICC 548 ::1999 (3) LandLR 166

Calcutta High Court

Hon'ble Judge(s): P. S. Mishra , C.J. AND Shyamal Kumar Sen, Satya Brata Sinha, Nure Alam Chowdhury, Barin Ghosh , JJJ

(A) Constitution of India , Art.225— Civil P.C. (5 of 1908) , S.129, S.4, O.47 R.5— High Court of Calcutta (Appellate Side) Rules (1957) , Chap.10 R.4, Chap.10 R.5, Chap.10 R.6— High Court of Calcutta (Original Side) Rules (1914) , Chap.31 R.34, Chap.31 R.37— Review application - Hearing - Chief Justice has unfettered jurisdiction to constitute Bench - However principle in O. 47, R. 5 should be followed although it does not ipso facto apply to proceedings on writ, original or appellate side. Per Court : As master of the roster the Chief Justice is expected to know the implication of a review and reference or any other matter of significance including proper hearing of a case by a Judge or more than one Judges of the Court constituting a Bench. In exceptional cases when there is a chance of injustice to a litigant notwithstanding the procedure under O. 47, R. 5 of the Civil Procedure Code the review application can be placed before a Judge or a Bench of more than one Judge as constituted by the Chief Justice but it would be in confirmity with the procedure and judicial discipline that - (1) O. 47, R. 5 of the Code of Civil Procedure although ipso facto has no application in relation to a writ proceeding or a proceeding on the Original Side of this Court as well as in proceedings that arises on the Appellate Side, the procedure in principle in O. 47, R. 5 shou....