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Judgment
Moksha Khajuria Kazmi, J
By this petition, the review petitioner is seeking recalling of the judgment dated 25th November, 2022, passed by this Court in case titled Food Corporation of India and others v. M/s Iqbal Motors Transport Service and another and restore the suit titled M/s Iqbal Motors Transport Service and another v. Food Corporation of India and others, filed by the respondents/ review petitioners before the court of 2nd Additional District Judge, Srinagar.
A suit for declaration and mandatory injunction was filed by the review petitioners before the court of 2nd Additional District Judge, Srinagar, laying challenge to the order of termination of contract issued by the respondents herein. The learned 2nd Additional District Judge, Srinagar, while considering the ad-interim relief application, stayed the operation of termination. Feeling aggrieved of the order of ad-interim injunction, an appeal, FAO no. 23/2022, was filed by the appellants/ respondents herein which was considered and decided by this Court in terms of judgment dated 25.11.2022 by virtue of which the order of ad-interim relief passed by the court of 2nd Additional District Judge, Srinagar, was set-aside and the suit was also dismissed being barred by Section 14 (d) and 41 (e) of the Specific Relief Act, 1963.
Against the said judgment, the present review petition has been preferred by the respondents/ review petitioners seeking recalling of the judgment on the ground that the dismissal of the suit was not even prayed for by the appellants, therefore, the court has erred in law in going beyond the pleadings.
The respondents/ review petitioners herein had assailed the judgment under review in a Letters Patent Appeal before the Division Bench of this Court, which, however, has been dismissed with liberty to the review petitioners to avail the appropriate remedy. This is how the respondents herein have chosen to file a review petition before this Court.
Heard learned counsels for the parties; considered the submissions made and perused the judgment under review.
During the course of arguments, the learned counsel for the respondents/ review petitioners submitted that the judgment under review is prejudicing his rights insofar as the other cases of similar nature, which are pending before other courts, are getting affected adversely.
The court is conscious of the fact that the review proceedings have to be strictly confined to the scope and ambit of Order XLVII Rule 1 of the Code of Civil Procedure.
The court does find an error apparent on the face of record which warrants recalling of the judgment inasmuch as the dismissal of the suit before the court below is concerned. The power of review being permissible to be exercised where the court is satisfied that there is an apparent error on the face of record which needs to be rectified, is warranted to be exercised in the instant matter.
In view of above, I am of the considered view that the review petitioner has succeeded in making out a case warranting review of the judgment dated 25.11.2022 passed in FAO No. 23/2022 to the extent of dismissal of the suit.
Accordingly, while partly allowing the review petition, the operative portion of the judgment dated 25.11.2022 is modified in the following manner:
“In view of above discussion, the appeal filed by the appellants succeeds and is allowed as such. The impugned order dated 08.09.2022 passed by the court of 2nd Additional District Judge, Srinagar, is held to be not in consonance with law and set-aside accordingly. The court below i.e., 2nd Additional District Judge, Srinagar, is directed to adjudicate upon and decide the suit filed by the review petitioners on the subject expeditiously in accordance with law without getting influenced by any of the observations made by this Court in the instant judgment.”
The word of caution made against the then 2nd Additional District Judge, Srinagar, in terms of judgment under review shall, however, remain as it is.
Copy of this order shall be furnished to the learned counsel for the parties as also to the court below for compliance.
Disposed of on the above lines.