RAJENDRA CHETTRI Vs. DEVI MAYA CHETTRI
HIGH COURT OF SIKKIM
Devi Maya Chettri
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JITENDRA KUMAR MAHESHWARI,J. -
(1.) Heard learned Senior Counsel for the appellant.
(2.) This Review Petition is arising out of the Judgment dated 23.11.2020 passed in RFA No.11 of 2017 (Devi Maya Chettri v. Mahesh Chettri and Ors.). Learned Counsel inter alia contends that in paragraph 52 of the impugned judgment, the observations made are contrary to the records with respect to the construction of the house. The reference is made to the pleadings of paragraphs No. 18 and 19 of the suit to substantiate his contention.
(3.) In support of the said contention, reliance has been placed on the Judgment of the Hon'ble Supreme Court in the case of Dharam Deo Narayan Singh v. State of Jharkhand and Anr. reported in (2009) 12 SCC 398 particularly in para 5 contending that the complete justice must be done within the purview of the scope of Order 47 Rule 1 of Code of Civil Procedure, 1908. In view of the said submission, it is urged that the judgment so passed in particular finding of paragraph 52 are contrary to the pleadings of the record.;
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