Permod Kohli, J. - (1.) INVOKING review jurisdiction of this Court under Order 47, Rule 1 of the Code of Civil Procedure, the petitioners have challenged the order dated 11.9.2008 passed by this Court in Company Application No. 612 of 2008 in Company Application No. 631 of 2006. The order reads as under: It is admitted case of the parties that four Kanals referred to in his application is not the property of the company in liquidation. Hence no direction can be issued by the Company court. Application rejected.
(2.) THIS order was challenged in Company Appeal No. 18 of 2008 before Hon'ble Division Bench of this Court. The Company Appeal came to be disposed of vide order dated 21.102008 with the following observation: Learned counsel for the appellant has invited this Court's attention to the order dated 11.9.2008 and vehemently contended that there is a mistake apparent on the face of the record namely, that the four kanal land referred to in the application filed by the appellant -petitioner was in fact owned by the company in liquidation. If the assertion made by the learned Counsel for the appellant is correct it is obvious that the appellant has a remedy under the provisions of Order 47 Rule 1 of the Code of Civil Procedure. As such, we are of the view mat in case the appellant is assailing the correctness of the factual position taken into consideration in the order dated 11 .9.2008, it would be rather appropriate for the appellant to file a review petition. The instant appeal is accordingly disposed of with liberty to the appellant to file an application under Order 47 Rule 1 of the Code of Civil Procedure. Disposed of in the aforesaid terms. It is under these circumstances, present petition has been filed. Notice of this petition was served. None of the parties have chosen to file any reply/objections.
(3.) I have heard learned Counsel for the parties at length. Order 47 of the Code of Civil Procedure provides for review on the grounds indicated in Rule 1 thereof, which reads as under: 1. Application for review of judgment. - (1) Any person considering himself aggrieved (a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred; (b) by a decree or order from which no appeal is allowed; or (c) by a decision on a reference from a Court of Small Causes, and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on the face of the record, or for any other sufficient reason, desires to obtain a review of the decree passed for order made against him, may apply for a review of judgment to the court which passed the decree or made the order.;