June 24, 2019
Case name: Rishi Kesh Kumar vs Minakshi Kumari And Ors .
In the present case, the review application had been filed by the petitioner on account of change of lawyer. Hence, the seminal issue that fell for consideration before the High Court of Patna was whether the review application should be entertained in the present circumstance when it has been presented by change of lawyer?
Here it is pertinent to note that the petitioner while instituting application for review of order did not follow the guidelines of the Division Bench in the case of Rotary Club, Begusarai etc. Vs. State of Bihar.
While delivering it’s verdict in the case, the High Court of Patna opined that the petitioner failed to satisfactorily explain as to why the judgment in the case of Rotary Club case was not followed. In view of judgment delivered in Rotary Club case, the previous Advocate should have verified the facts as stated in the review application and if change of lawyer was necessitated then the requisite affidavit should have been filed.
When can review application be filed on change of lawyer?
The Court in the case emphasized that “………Recourse to review by change of lawyers is normally deprecated by Courts. The practice becomes all the more reprehensible when review is sought on grounds pertaining to the previous conduct of the case or other grounds of fact normally within the knowledge of the previous lawyer(s). To my mind a lawyer must be very reluctant to take up a brief of review unless he had appeared in the case, the order passed in which is the subject of review. In case for some reasons a change of lawyer is unavoidable, the newly engaged lawyer would owe it to himself and to the profession to have the statement of facts duly verified by the lawyer earlier conducting the case. In case a review is filed by a new lawyer a certificate ought to be appended to the review petition, preferably by the previous counsel, stating that the facts stated in the petition were correct or alternatively by the newly engaged lawyer testifying that he had got the facts stated in the review petition verified by the previous lawyer……..”
It was also noted by the High Court that in the review application what is important to be seen is that if an error has occurred because of mistake of the Court or for any other reason which is likely to cause injustice to a party, the same is required to be corrected.
At last the Court in view of the fact that the petitioner did not follow the basic principle of review, rejected the review application.
The entire case can be accessed here.