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2017 DIGILAW 461 (JK)

Bharat Bhushan Sharma v. Swarn Singh

2017-07-27

ALOK ARADHE

body2017
JUDGMENT : Heard. This petition has been filed seeking review of the order dated 07.04.2017 passed in Civil Revision No.28/2016. 2. Facts giving rise to the filing of this review petition briefly stated are that in the rejection order dated 18.05.2016 passed by the Trial Court was challenged by which the Trial Court has rejected the application seeking revocation of the permission earlier granted under Order 1 Rule 8 of the CPC. This Court held that no cogent reasons were assigned by the petitioners/ defendants for seeking revocation of the permission granted under Order 1 Rule 8 of the CPC. This Court taking note of the scope of interference with the order passed by the Trail Court under Order 115 of the CPC held that the order does not suffer from any material irregularity or illegality. 3. Learned counsel for the petitioner submits that on previous occasion, a decree was passed between the parties to the suit. However, the aforesaid fact was not taken note of while passing the order. 4. I have considered the submissions made by learned counsel for the parties. It is well settled in law that an application for review can be granted if the same is necessitated on account of some mistake or any sufficient reason, the mistake would include misconception of law and fact by a court or even by an advocate. [See: 2005 4 SCC 741 ]. In the instant case, the order neither suffer from any of the aforesaid infirmities nor any apparent on the face of record. 5. In the result, I do not find any merit in the review petition and accordingly, the same is hereby, dismissed.