ROOP SINGH Vs. MAHIPAL SINGH
LAWS(ALL)-2001-5-235
HIGH COURT OF ALLAHABAD
Decided on May 10,2001

ROOP SINGH Appellant
VERSUS
MAHIPAL SINGH Respondents

JUDGEMENT

S.P.PANDEY, J. - (1.) THIS is a review petition to recall the order dated 2-3-2001 passed by this Court in revision petition No. 8 of 1998-99/JP Nagar preferred by the review petitioner, where by the aforesaid revision petition being devoid of any force was dismissed. In the facts and circumstances of the instant case, this review petition is being disposed of finally at theadmission stage.
(2.) I have heard the learned Counsel for the review petitioner and examined the records on file. For the review petitioner.it was contended that the contentions raised by him have not been appreciated by this Court and as such, this Court has com­mitted an error apparent on the face of the record ; that the material facts and cir­cumstances of the instant case have been ignored and an erroneous finding has been recorded against the review petitioner without proper appraisal of evidence on record and as such the aforesaid impugned order be set aside. I have carefully and closely ex­amined the submissions made before me by the learned Counsel for the review petitioner and the relevant record on file. From a bare perusal of the record, it is crystal clear that the learned Additional Commissioner has rejected the applica­tion, movedon behalf of the defendants for withdrawal of the suit, with permission to file a fresh suit after rectifying the legal flaws. At the second revisionist Court, it has been categorically held that in the facts and circumstances of the instant case, no manifest error of law, fact or jurisdiction has been committed by the learned lower revisionist Court. The points raised by the learned Counsel for the petitioner, do not come with in the ambit of a review petition. The scope of a review petition is rather very limited. There is no error apparent on the face of the record in the impugned judgment dated 2-3-2001 passed by this Court. To my mind this review petition is not a fit case to be admitted and the same is liable to be dismissed in limine.
(3.) CONSEQUENTLY , this review petition is here by dismissed in limine. Let records be returned forthwith to the Courts con­cerned. Petition er dismissed.;


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