High CourtsSingle Bench(1973) 10 MAD CK 0007

The Corporation of Madras vs P.G. Arunachalam

Madras High Court · Decided on 19 October 1973 · Citation: AIR 1974 Mad 288 : (1978) 87 LW 454 : (1974) 87 LW 454

HON’BLE JUDGES
K.N. Mudaliyar, J
CASE NUMBER
Rev. Writ Miscellaneous Petition No. 9117 of 1973

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Judgment

13 paragraphs · 256 words

K.N. Mudaliyar, J.

1.

The petitioner prays for review of the judgment of this court made in W. P. 230 of 1971, dated 28-8-1973.

2.

The ground on which the petitioner seeks to get the order in question reviewed is set out here below.

The petitioner further submits that due to inadvertence, the respondent in the writ petition was not able to produce the abovementioned unreported

decision on the date of hearing of the writ petition. The respondent did not urge anything against any procedural aspect of the enquiry. Hence if the

decision has been placed before this Honourable Court, the writ petition should have been dismissed."" Admittedly, the judgment of the Division

Bench (Veeraswami, C. J. and Gokulakrishnan J.) in W. A. 188 of 1967 (Mad)(L. Sivanarayanalal v. Corpn. of Madras, represented by its

Commissioner and another) has not been brought to my notice. The petitioner pleaded ''inadvertence'' for his not producing the judgment of the

Division Bench. I am afraid, under Order 47, Rule 1 ''inadvertence'' is not a ground. The judgment of the Division Bench was delivered as early as

15-7-1969, and it is significant to notice that the petitioner was the first respondent in that case. The respondent in W. P. 230 of 1971 (the review

petitioner) was possessed of the knowledge of the existence of the judgment of the Division Bench since 1969. The plea of ''inadvertence'' is not a

ground within the meaning of Order 47, Rule 1 for reviewing the order of this court, Petition dismissed.

3.

Petition dismissed.