Rule 5 of CPC : Rule 5: Application for review in Court consisting of two or more Judges.
CPC
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Explanation using Example
Example 1:
Scenario: A property dispute case in the High Court of Delhi.
Details:
- Judge A and Judge B passed a decree in a property dispute case between Mr. Sharma and Mr. Verma.
- Mr. Sharma is dissatisfied with the decree and files an application for review of the decree.
- At the time of filing the review application, Judge A is still attached to the High Court of Delhi, but Judge B has been transferred to another court.
- Judge A is not on leave or otherwise unavailable for the next six months.
Application of Rule 5:
- Since Judge A, who was part of the original bench that passed the decree, is still attached to the court and available, Judge A will hear the review application.
- Judge B, who has been transferred, will not be involved in the review process.
- No other judges of the High Court of Delhi will hear the review application.
Example 2:
Scenario: A commercial contract dispute in the High Court of Mumbai.
Details:
- Judge X and Judge Y issued an order in a com...
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