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2025 DAILYLAW 14048 (JK)

BALDEV RAJ AND OTHERS v. RAHUL GUPTA

CM(M)/254/2025 · 2025-10-14

Sanjay Dhar

Review Petitionbody2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM (M) No. 254/2025 CM No. 5765/2025 Baldev Raj and others …..Appellant(s)/petitioner(s) Through: Mr. Vivek Sharma, Advocate Vs Rahul Gupta .…. Respondents Through: Mr. Kuldeep Raj Sharma, Advocate vice Mr. Vikas Sharma, Advocate CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 14.10.2025 1. Through the medium of present writ petition, the petitioner is assailing order dated 14.08.2025, passed by learned 1st Additional District, Judge whereby, cost of Rs.5000/- has been imposed upon the petitioner herein for not filing the written submissions. 2. I have heared learned counsel for the parties and perused the record. 3. A perusal of the impugned order would reveal that the learned court below has imposed cost of Rs.5000/- upon the petitioner for not filing the written submissions. It seems that a review petition against the order of learned court below is pending before the said court and in that petition, the petitioner herein, who also happens to be the review petitioner, had sought time to file written submissions. 4. It is to be noted that a review petition is to be decided on the basis of the limited grounds available under Order 47 Rule 1 of the CPC. A review petitioner has to make out his case within the Sr. No. 24 CM (M) No. 254/2025 CM No. 5765/2025 parameters of those limited grounds, and he has to spell out these grounds in his petition. There is no need of filing any written submissions or making elaborate arguments while deciding a review petition. In these circumstances, the insistence of the learned trial court upon filing of written submissions was uncalled for and for this purpose the case should not have been adjourned from time to time. In case the review petitioner was not filing the written submissions, the learned trial court should have proceeded and to decide the review petition on its own merits without waiting for the written submissions. 5. The costs imposed upon the petitioner herein in the aforesaid circumstances are uncalled for. The impugned order passed by the learned Appellate Court is therefore, set aside and a direction is issued to the court below to decide the review petition on its own merits without insisting upon filing of the written submissions by the parties. 6. It is further directed that the review petition shall be decided by the learned court below most expeditiously, preferably within a period of one month from the date a copy of this order is made available to the said court. 7. Disposed of. (SANJAY DHAR) JUDGE JAMMU 14.10.2025 Mahavir