JUDGMENT : 1. This is an application for review of judgment filed invoking Section 114 of Code of Civil Procedure; hereinafter referred to as 'CPC'. 2. The judgment sought to be reviewed was rendered by a Bench of two Judges, one of who continues attached to this Court at the time when this appeal for review is presented, and even as on today. 3. Order 47 Rule 5 of Code of Civil Procedure reads as follows: “5. Application for review in Court consisting of two or more Judges- Where the Judge or Judges, or any one of the Judges, who passed the decree or made the order, a review of which is applied for, continues or continue attached to the Court at the time when the application for a review is presented and is not or are not precluded by absence or other cause for a period of six months next after application from considering the decree or order to which the application refers, such Judge or Judges or any of them shall hear the application, and no other Judge or Judges of the Court shall hear the same.” 4. Rule 40 of the Chhattisgarh High Court Rules, 2007 reads as follows: “40. An application for modification, clarification, restoration or review of an order, or a subsequent bail application under Section 438/439 of the Code of Criminal Procedure, shall be listed before the same Coram: Provided that if the same Coram is not available on account of retirement or for any other reason for a period of three months and 1. if the matter relates to a Larger Bench then the same shall be listed before an equivalent Larger Bench of which one of the members was member of the earlier Bench; 2. if none of the members of the earlier Bench is available then the application shall be listed before an equivalent regular Bench; 3. [in case of a Single Bench, the matter shall be listed before regular Single Bench;] 4. in case of a Single Bench where the matter relates to a subsequent bail application under Section 438/439 of the Code of Criminal Procedure, the same shall be listed before the regular Single Bench.” 5.
[in case of a Single Bench, the matter shall be listed before regular Single Bench;] 4. in case of a Single Bench where the matter relates to a subsequent bail application under Section 438/439 of the Code of Criminal Procedure, the same shall be listed before the regular Single Bench.” 5. In the light of aforesaid provisions of the Code and of the Chhattisgarh High Court Rules, this application for review ought to go before a Division Bench of which one of the Judges in the Division Bench passed the judgment sought to be reviewed would be a member so long as that Judge continue to be attached to this Court. 6. Therefore, Registry will list this matter before a Division Bench of which Hon'ble Shri Justice Sanjay Agrawal is a member. 7. Registry will note this order for future guidance as well.