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Bare acts > Code of Civil Procedure, 1908 > Order 47 Rule 5
 
  


 

5. Application for review in court consisting of two or more Judges.- Where the Judge or Judges, or any one of the Judges, who passed the decree or made the order, a review of which is applied for, continues or continue attached to the court at the time when the application for a review is presented, and is not or are not precluded by absence or other cause for a period of six months next after the application from considering the decree or order to which the application refers, such Judge or Judges or any of them shall hear the application, and no other Judge or Judges of the Court shall hear the same.


HIGH COURT AMENDMENT

Bombay, Dadra and Nagar Haveli (Goa, Daman and Diu).- In Order XLVII, for existing Rule 5 and its marginal note, substitute the following as Rule 5 and marginal note:

“5. Application for review in Court consisting of two or more Judges.— Where the Judge or Judges, or any one of the Judges who passed the decree or made the order, review of which is applied for, Continues or continue to be attached to the Court at the time when the application from review is presented, and is not or are not precluded by absence or other cause for a period of two months next after application from Considering the decree or order to which the application refers, such Judge or Judges or any of them shall hear the application, and no other judge or Judges of the Court shall hear the same.

Provided that if in the case of a decree or otrder passed by a Division Bench of two or more .Judges of the High Court sitting at any place in the State of Maharashtra, all the said Judges are not available for sitting together at one place when the review application is ready for hearing, the application may be heard by a Division Bench of two or more Judges, at least one of whom, if available, should be the Judge who had passed the decree or order, review of which is applied for.” (1.10.1983) and (1.4.1987).

 

 

 

 

 

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