Supreme Court of India · 2008-10-23
Kesho Ram (Dead) By L.Rs vs Hem Raj
- Citation / case number
- AIR 2009 SUPREME COURT 853
- Court
- Supreme Court of India
- Petitioner
- Kesho Ram (Dead) By L.Rs
- Respondent
- Hem Raj
- Author
- Harjit Singh Bedi
- Bench
- Harjit Singh Bedi, Dalveer Bhandari
Judgment text excerpt
The Supreme Court held that the non-appearance of the appellant's counsel, Mr. K.D. Raina, was not wilful due to his ill-health, thus justifying the acceptance of his affidavit. However, the Court ruled that the order rejecting the review application was not appealable under Clause 12 of the Letters Patent Rules, and that the application under Order 47 Rule 7 of the CPC was not maintainable. Consequently, the appeal was dismissed, affirming the lower court's decision.