Kanhiya Lal (D) Through Lrs v. Dayal Das (D) Through Lrs
2007-04-30
VINEET KOTHARI
body2007
DigiLaw.ai
JUDGMENT 1. - Learned Counsel for the applicant submits that since the appeal was admitted on 6.2.2007 and the matter again came up before this Court for orders on 19.3.2007. the appeal could not have been dismissed by this Court. hence, this review petition. 2. Heard learned Counsel. 3. In the opinion of this Court. the argument raised by the learned Counsel is absolutely untenable. There is no rule or procedure, which prevents the Court from finally disposing of the appeal even at the order stages. On 19.3.2007. both learned Counsels were heard and the Court felt that against the concurrent findings of two Courts below in an eviction matter, no substantial question of law arose for consideration under section 100. Civil Procedure Code and accordingly, the appeal was dismissed as without substance. 4. The review petition is misconceived as no error is found in the judgment dated 19.3.2007 much less apparent error on the face of it falling with the ambit and scope of Order apparent Rule 1, Civil Procedure Code. The review application is. accordingly dismissed.Application Dismissed. *******