MAYADEVI KISHNSWARUP GUPTA Vs. SHAH RAKESH RAJENDRABHAI

JUDGEMENT

(1.) RULE . Mr.Kamlesh S. Kotai, learned advocate, waives service of notice of Rule for the respondents. With the consent of learned counsel for the respective parties, the application is being heard and decided finally.

(2.) THIS application has been preferred for review of the judgment dated 30.08.2013, rendered in Special Civil Application No.12807 of 2013, whereby, the said petition has been rejected.

(3.) MR .Girish M.Das, learned advocate for the applicant, has submitted that in Paragraph6 of the impugned judgment, this Court has recorded the submissions advanced by the learned advocate for the respondents (original defendants) who appeared on Caveat and it has been stated that "In any event, this document has also been given a tentative Exhibit Number". It is submitted that the document being referred to is the lay out plan which was not sought to be exhibited vide the application at Ex.62, therefore, no tentative exhibit number could have been given. That the application at Ex.62 was made in the year 2010 whereas the layout plan came to the record of the case in the year 2012, therefore, the argument of the other side is incorrect. It is contended that the Court has concluded in Paragraph9 of the judgment on the basis of this submission that a tentative exhibit number was given to the layout plan, which is not the correct position. This has been held on the basis of the submissions advanced by the learned advocate for the respondents and as this conclusion is factually incorrect, it requires to be reviewed.