L.Rs. of Ramnath vs Board of Revenue and Others

Shethna, J.

(1). This review petition is filed seeking review of the order dated 10.11.98, passed by their Lordships of the Division Bench of this Curt in D.B. Civil Special Appeal No. 951/98, whereby the Special Appeal was dismissed on the ground that it was not maintainable.

(2). Relying upon the Division Bench judgment of this Court in the case of Kumari Renu Chauhan vs. The Government College Ajmer Society and Others (1), Mr. Kalla, learned counsel for the applicants, submitted that this Court should review (he order dated 10.11.98. In Kumari Renu''s case (supra), the writ petition was mainly dismissed in default as no appearance was made and the learned Single Judge refused to restore the writ petition. On facts of that case, the Division Bench of this Court held that sufficient ground for restoration was made out, therefore, the writ petition was restored.

(3). This judgment of the Division Bench in Kumari Renue''s case (supra) was not cited by Mr. Kalla before this Division Bench in Special Appeal No. 951/98, when it came up for orders before their Lordships on 10.11.98. Their Lordships were of the opinion that the order passed by the learned Single Judge, dismissing the petition in default for non-appearance and refusing to restore the case of the file, cannot be said to be a judgment, therefore, the appeal under Clause 18 of the Rajasthan High Court Ordinance would not lie. Hence on the ground of its maintainability, the Special Appeal was dismissed. Rightly or wrongly, their Lordships took this view, over which this Court cannot sit in appeal and take a different view of the matter. This is no ground for us to review the order, if the applicants are aggrieved by the order dated 10.11.98, passed by the Division Bench of this Court dismissing the Special Appeal on the ground of its maintainability, then they will have to approach the proper form, but not this Court by way of review.

(4). In view of the above discussions, this review petition is dismissed.