Smt. Prabha Ram Kumar Gupta And ORS. v. Gopal Ghurimal Hingorani And ORS.

1 WP 7971-15.doc-P-6

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7971 OF 2015 Smt.Prabha Wd/o. Ram Kumar Gupta and Ors.] ... Petitioners

Versus

Gopal Ghurimal Hingorani and Ors.

] ... Respondents Mr. Shashank C. Thatte for Petitioners.

CORAM :- M. S. SONAK, J.

DATE :- AUGUST 07, 2015 P. C. :- 1.

Not on board. Upon production, taken on board. 2.

This petition challenges order dated 07/07/2015 made by the Small Causes Court at Mumbai, rejecting the Petitioners' application seeking review of order dated 15/12/2014. 3.

The review was applied for on the ground that the Petitioners had cited two decisions of the Hon'ble Apex Court reported in 1971 AIR SC 1606 and AIR 1966 SC 1631. However, the same were not reflected in the order dated 15/12/2014. URS

2 WP 7971-15.doc-P-6 4.

The first decision of the Hon'ble Apex Court, according to the learned Counsel for Petitioners, lays down that no order could be made by the Court without perusing the record. The second decision, the learned Counsel for Petitioners states, lays down the proposition that act of the Court should not prejudice anyone. 5.

The Small Causes Court, has rightly appreciated the restrictive parameters of review jurisdiction and declined to review the order dated 15/12/2014. Even otherwise, there is no reason to proceed on the basis that the Small Causes Court has not adhered to the principles laid down by the Hon'ble Apex Court in the said two decisions. In fact, the complaint of the Review Petitioners is not about non-adherence but the complaint is that these two Judgments were cited but this fact is not reflected in the order dated 15/12/2014. 6.

Accordingly, there is no reason to interfere with the impugned order. This Writ Petition is dismissed. There shall be no order as to costs.

(M. S. SONAK, J.) URS