In exceptional cases where is a chance of injustice to a litigant notwithstanding the procedure unde...........

Civil Procedure Code (CPC) 1908 Miscellaneous Provisions

In exceptional cases where is a chance of injustice to a litigant notwithstanding the procedure under O. 47, r 5 the review application can be placed before a judge or a bench of more than one judge as constituted by the Chief Justice, but it would be in conformity with the procedure and judicial discipline that:

O. 47, r 5 although ipso facto has no application in relation to writ proceeding or a proceeding on the original side of this court as well as in proceedings that arises on the appellate side, the procedure in principle in O. 47, r 5 should be followed

In case where merely one of the learned judges attached to the bench is available, he may issue rule that the matter on merit must be heard by a division bench of two judges or such number of judges as the Chief Justice may constitute

It would appear proper, even though the Chief Justice may have unfettered jurisdiction in the matter if constitution of benches including for a review application that the judge who is attached to the court and was a party to the judgment under the review is associated with the bench of two or such number of judges as the Chief Justice may constitute

All of these

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Explanation:

- Option 1: This means that even though Order 47 Rule 5 may technically not apply to writ or original side proceedings, the guiding principles behind it should generally be followed for consistency and fairness.

- Option 2: If only one judge from the original bench is available, he can order that the review be heard by a division bench or as constituted by the Chief Justice, ensuring that important matters are not left to a single judge where possible.

- Option 3: Even though the Chief Justice has broad discretion in bench constitution, it's proper judicial practice for the judge who was part of the judgment under review to be included in the new bench if possible, helping maintain continuity and fairness.

- Option 4: All of these — All statements reflect accepted practices and principles regarding handling review applications in exceptional cases.