Rule 5 of CPC : Rule 5: Application for review in Court consisting of two or more Judges.

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 commercial contract dispute between Company A and Company B.
• Company A is unhappy with the order and applies for a review.
• At the time of the review application, both Judge X and Judge Y are still attached to the High Court of Mumbai.
• Judge X is on a six-month sabbatical leave, but Judge Y is available.

Application of Rule 5:

• Since Judge Y, who was part of the original bench that issued the order, is still attached to the court and available, Judge Y will hear the review application.
• Judge X, who is on sabbatical leave, will not be involved in the review process.
• No other judges of the High Court of Mumbai will hear the review application.

Example 3:

Scenario: A family law case in the High Court of Karnataka.

Details:

• Judge M and Judge N passed a decree in a family law case involving divorce and child custody between Mrs. Rao and Mr. Rao.
• Mr. Rao is dissatisfied with the decree and files an application for review.
• At the time of the review application, both Judge M and Judge N are still attached to the High Court of Karnataka.
• Judge M is on a long-term medical leave for the next eight months, but Judge N is available.

Application of Rule 5:

• Since Judge N, who was part of the original bench that passed the decree, is still attached to the court and available, Judge N will hear the review application.
• Judge M, who is on long-term medical leave, will not be involved in the review process.
• No other judges of the High Court of Karnataka will hear the review application.