Perplexing situation of o47 in review hearing!

propra

Who's at fault? ..................... Whether judge is making error or the lawyer?

 

 

For example:- 

Revirew Petition is filed (exhibited as Exh A) ,,,, and  wherein the prayer is ' Re-consider & Review the order on Exh X'  ... reason is .....error apparent on the face of record!!!!

 

 

The Judge makes an error apparent on the face of record again (but of some other type !!! but still it is an error conclusively ... the blunder is a better word for it!!!)  while making order on Exh A!!! 

 

 

Then .... Aggrieved party (rather his overconfident lawyer) makes instant Review Application (exhibited as Exh P) again !!! ...............wherein the prayer is ' Re-consider & Review the order exh A' ...  on same day!   

 

Thus there are three applications (Exh X, A, P) and two different orders as :- order on X, and order on A.

 

It is pertinent to note that Exh P is application for review of Order on Exh A and NOT re-review of Exh X!!!!

Even remotely it DOES NOT talk about Exh X!!! ........ NEITHER re-review Order on Exh X again NOR review of Exh X for the second time ....... or any sort of such statements!!! 

In Exh P .... there is no words like Exh X !!!

 

 

 

judge is also NO less hasty !!!

 

 

JUDGE makes rejection order on Exh P on next hearing that :-

"Party is asking for re-review of Exh X... hence not maintanable"!!!!

 

 

Did the judge commit an error again by misreading the prayer itself?

 

 

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