Supreme Court · 1997 INSC 629 · Decided 29 August 1997
Reliance Industries LTD. v. Pravinbhai Jasbhai Patel and ORS.
- Court
- Supreme Court of India
- Citation
- 1997 INSC 629 · [1997] SUPP. 3 S.C.R. 636
- Case number
- CIVIL APPEAL No. 5891/1997
- Decided
- 29 August 1997
- Bench
- S.B. MAJMUDAR, S. SAGHIR AHMAD (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 98(2), 47, 98, 98(3), 4(1), 122, 129; Constitution Article 226, 227
Headnote
Constitution of India-Articles 226 and 227-Filing of writ peti­ tions-Review or w1it orders-Reviewing Bench differs on the question of law/fact-Held, Proper procedure, was to refer the matter to third Judge for C his opinion invoking clause 36 of the Letters Patent and not to dismiss the does not lead to different conclusions for Section 98(2) of CPC and the proviso thereto is not applicable in such a case-However such inap­ plicability of Section 98(2) does not render Rule 186 otiose as Section 98(3) D would be applicable-Nature of the review jwisdiction is the same as
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