HIGH COURT OF JAMMU AND KASHMIR
MCC No. 218/2019[CM No. 395/2019]
in OWP No. 101/2019
CM No. 5073/2019
Pronounced on:- 18.09.2019
Kishori Lal Gaind and another …Petitioner(s)
Through: Ms. Deepali Arora, Advocate
Vaibhav Mehra …Respondent(s)
Through: Mr. Anil Sethi, Advocate
CORAM: HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
SINDHU SHARMA, J
1. This petition has been filed seeking review of order dated 24.01.2019 passed by
this Court in OWP No. 101/2019 whereby the Additional District Judge
(Matrimonial Cases), Jammu was directed to decide the petition under Guardian
and SectionWards Act as expeditiously as possible preferably within two months.
2. In paragraph 1 of the petition, petitioners seek review of the order only to the
extent of „time frame‟ in the said order. However, in paragraph 2(g) of the
petition, it is stated, that the order passed in OWP No. 101/2019 is being
challenged by the petitioners on the grounds that the order has been passed in
gross violation of law and without any opportunity of being heard granted to the
petitioners, and that this petition has been filed only to harass and pressurize
3. Preliminary objections have been filed by the respondent. Mr. Anil Sethi,
learned counsel appearing for the respondent at the very outset, submitted that
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since this review petition is not in terms of Rule 66 of the High Court Rules,
1999, therefore, the same is liable to be dismissed.
4. It is also submitted by him that all the grounds raised in the petition can only be
construed as grounds of appeal. Since the petitioners are unable to show any
error apparent on the face of record, this petition be dismissed.
5. Heard learned counsel for the parties.
6. Petition for review of the judgment can only be filed in terms of Rules 65 and
66 of the Jammu and Kashmir High Court Rules, 1999.
7. Rules 65 and 66 are reproduced as under:
“65. Application for review of Judgment.- The Court may review
its judgment or order but no application for review shall be
entertained except on the ground mentioned in order XLVII Rule I
of the Code.
66. (1) An application for review shall set forth the grounds, on
which a review is sought, plainly and concisely. It shall be signed
by a counsel and shall contain a certificate by an Advocate of the
Court that it is supported by proper grounds in the following form,
namely “I …..Advocate for the above named………. petitioner do
hereby certify that I have perused the Judgment and the relevant
record of the case and in my opinion the grounds contained in the
petition are good and sufficient for the review sought. “No such
application shall be entertained by the Court without the aforesaid
8. Rule 66 states that no such application for review shall be entertained by the
court without the certificate filed by the advocate. Perusal of the petition
reveals, it only contained an affidavit in support of the petition. No such
certificate in terms of Rule 66 has been annexed with the file. Similar question
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had been aroused for consideration in SectionAli Mohammad Wani vs Qazi Abdul
Rashid, 1999 SLJ 56 where Rule 51(2) of the Jammu and Kashmir High Court
Rules, 1975 with regard to application for review of the judgment was
considered by the Court and this Court has held in paragraph No. 8 of the
judgment as under:
“The Rule provides that incase aforementioned prescribed certificate is
not appended or attached or placed with the petition/application, court
shall not entertain the review petition/application. The Rule is couched
in mandatory form. In absence of the certificate the court is barred to
entertain the review. In Bashir Ahmad Dar Vs. State and others, SLJ
1985 JK 100, the D. B. of this court observed.
“….The language of Rule 51 is mandatory and it is ordered by
this Rule that “no such application shall be entertained by the
court without the aforesaid certificate.” The form of the
certificate is also prescribed by the Rule. We, therefore, are
not inclined to entertain this review petition because it does
bear the certificate of the Advocate as required by Rule 51 of
the Jammu and Kashmir High Court Rules. The petition is,
9. Since the language of Rule 51(2) of the JK High Court Rules, 1975 and the
Rule 66 of the High Court Rules, 1999 is the same, therefore, this judgment
applies squarely to the facts of the case in hand as the Rule 51(2) has been held
mandatory in nature.
10. Therefore, in view of the fact that this petition is not accompanied by a
certificate of the advocate in terms of Rule 66 of the JK High Court Rules,
1999, this petition is dismissed. Otherwise also the ground of challenge as
urged by the petitioners in the petition can only construed as ground of appeal
and can be raised in the appellate forum only as held in ‘State of JK Vs.
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Govt. Handloom Silk Weaving Factory connected matters, ‘2016(11)
SLJ 651’. Since there is no error apparent on the face of record, therefore, there
is no ground to warrant review of the order.
11. In view of the aforesaid, this petition is without any merit and is, accordingly,
dismissed alongwith connected CMs.
Whether the order is speaking? Yes/No
Whether the order is reportable? Yes/No
I attest to the accuracy and
integrity of this document