SURESH G. RAMNANI versus AURELIA ANA DE PIEDADE MIRANDA @ ARIYA ALVARES (DEAD THR. LRS) & ORS.

SURESH G. RAMNANI versus AURELIA ANA DE PIEDADE MIRANDA @ ARIYA ALVARES (DEAD THR. LRS) & ORS.

Where a party applies that a review be heard by the Judge who decided the matter, and that Judge has ceased to sit at the particular Bench (or is not otherwise available), the correct procedure is to place the application before the Chief Justice on the administrative side for assignment; a Single Judge should not dispose of such an application on the judicial side but should refer it to be placed before the Chief Justice.

Parties
Appellant: Suresh G. Ramnani; Respondents: Aurelia Ana de Piedade Miranda @ Ariya Alvares (dead thr. lrs) & ors.
Jurisdiction
India
Judgment Date
10 November 2022
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
Review Petition, Assignment of Cases, Roster and Administrative Assignment, High Court Rules Interpretation
Civil Procedure Judicial Administration Court Rules Review Petition Assignment of Cases Roster and Administrative Assignment High Court Rules Interpretation

Case Brief

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Parties

Suresh G. Ramnani

Appellant

Aurelia Ana de Piedade Miranda @ Ariya Alvares (dead thr. lrs) & ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether a review application that requests hearing by the same Judge who decided the matter ought to have been placed before the Chief Justice on the administrative side rather than be dealt with on the judicial side by a different Single Judge
  2. 2 Interpretation and application of Order XLVII Rule 5 CPC as amended for Bombay and Chapter XXX Rule 3(1) of the Bombay High Court Rules regarding assignment of review applications when the Judge has ceased to sit at a particular Bench

Ratio Decidendi

Where a party applies that a review be heard by the Judge who decided the matter, and that Judge has ceased to sit at the particular Bench (or is not otherwise available), the correct procedure is to place the application before the Chief Justice on the administrative side for assignment; a Single Judge should not dispose of such an application on the judicial side but should refer it to be placed before the Chief Justice.

Court Disposition

Appeal allowed

Orders

  • Impugned order dated 16.07.2019 set aside.
  • Registry of the High Court directed to place Misc. Civil Application No.526 of 2019 on the administrative side before the Honourable Chief Justice for appropriate orders.