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TMI Blog1970 (1) TMI 85X X X X Extracts X X X X X X X X Extracts X X X X ..... eview of a final order passed by a Division Bench, of this Court in Miscellaneous Petition No. 180 of 1965 dated January 10, 1968, to which one of us (Pandey, J.) was a party. The other Judge, Dixit C. J., has now retired. The precise question for consideration in this situation is whether, if an application for review lies, it should be heard by Pandey, J. sitting singly or by a Division Bench of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Supreme Court observed that the power of review to prevent miscarriage of justice or to correct grave and palpable errors inhered in every Court of plenary jurisdiction and that there was nothing in Article 226 of the Constitution to preclude the High Court from exercising it. Thus the point is no longer open to doubt or debate. The Rules framed by this Court for regulating its proceedings und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is true that when such a situation arises in a case covered by Order 47, Rule 5 of the Code of Civil Procedure, the application for review must be heard and disposed of by the remaining Judge sitting alone: Chhajju Ram v. Neki, AIR 1922 PC 112. But Order 47, Rule 5 does not proprio vigore apply to proceedings under Article 226 of the Constitution, to which the principles underlying some of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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