Duryodhan Behera v. Banoj Kumar Behera

IN THE HIGH COURT OF ORISSA AT CUTTACK

RVWPET No.81 of 2022 Duryodhan Behera ....

Petitioner(s) Mr. N. Lenka, Advocate -versusBanoj Kumar Behera ....

Opposite Party(s)

CORAM:

JUSTICE BISWANATH RATH

ORDER

06.05.2022 Order No.

01.

1.

In moving the review application the Petitioner has sought for review of the order dated 11.03.2022 passed in O.J.C. No.1644 of 1999 on the premises that such order has been passed on the wrong statement made by the earlier counsel.

2.

Considering the submission of Mr. Lenka, learned counsel for the Petitioner, this Court finds, the writ petition vide O.J.C. No.1644 of 1999 was argued by a different set of counsel and it is obvious the said writ petition was disposed of keeping a trust on the submission made by the learned counsel on that date. Undisputedly the Review Petition involved herein is at the instance of the Petitioner but through a different set of counsel. This Court is of the view that in the event there is any wrong occurred for the wrong submission of the counsel participated in the hearing of the matter, it is only the same Counsel ought to come and submit and not by a counsel who even had not participated in the hearing of the matter. This Court while deprecating

// 2 // practice of engaging different counsel in bringing review application, also declines to entertain the review application, which is, hereby, rejected.

(Biswanath Rath) Judge Ayaskanta Jena