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Patna High CourtC. REV./18/2019dismissed

Srimati Indra Devi v. Ramji Sharma And ORS

2020-02-19Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.18 of 2019 In FIRST APPEAL No.346 of 1991 ====================================================== Srimati Indira Devi, wife of Arjun Sharma, resident of Village- Shankarpur, P.S. Muffasil, District Munger.

... ... Petitioner/s

Versus

1.

Ramji Sharma, son of Sitaram Sharma, Resident of Village- Daulatpur, P.S. Jamalpur, District- Munger (legal heirs of deceased Defendant No. 1 Sudha Devi) 2.

Lalu Sharma, son of Sitaram Sharma, Resident of Village- Daulatpur, P.S. Jamalpur, District- Munger (legal heirs of deceased Defendant No. 1 Sudha Devi) 3.

Sunita Devi, daughter of late Sitaram Sharma, Resident of VillageDaulatpur, P.S. Jamalpur, District- Munger (legal heirs of deceased Defendant No. 1 Sudha Devi) 4.

Anita Devi @ Man Man Devi, daughter of late Sitaram Sharma, Resident of Village- Daulatpur, P.S. Jamalpur, District- Munger (legal heirs of deceased Defendant No. 1 Sudha Devi) 5.

Kiran Devi, daughter of late Sitaram Sharma Resident of Village- Daulatpur, P.S. Jamalpur, District- Munger (legal heirs of deceased Defendant No. 1 Sudha Devi) 6.

Lali Kumari, daughter of late Sitaram Sharma, Resident of VillageDaulatpur, P.S. Jamalpur, District- Munger (legal heirs of deceased Defendant No. 1 Sudha Devi) 7.

Tanki Devi, wife of Kant Lal Sharma, resident of Mohalla- Mangal Bazar, P.S. Kotwali, District- Munger.

8.

Bhago Devi, daughter of late Rit Lal Mistri Resident of VillageShankarapur, P.S. Muffasil, District- Munger. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar, Advocate.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-02-2020 Heard learned counsel for the plaintiff-appellant and the learned counsel for the opposite parties on I.A. No. 01 of 2019, which has been filed on behalf of the plaintiff-appellant

Patna High Court C. REV. No.18 of 2019(5) dt.19-02-2020 2/2 under Section 5 of the Limitation Act to condone the delay of about 2 months and 22 days in filing this Civil Review. For the reasons mentioned in this Interlocutory Application, the delay in filing this Civil Review is condoned and this Interlocutory Application is, accordingly, allowed. I.A. No. 01 of 2019 stands disposed of.

This Civil Review application has been filed under Order 47 Rule 1 of the Code of Civil Procedure to review the Judgment dated 26.09.2018 passed in First Appeal No. 346 of 1991.

The sole submission of the learned counsel for he plaintiff-appellant is that the evidence available on the record has not been properly appreciated.

I am of the view that none proper appreciation of the evidence will not be ground for review of the Judgment, which is well discussed. Accordingly, this Civil Review is dismissed. (Rajendra Kumar Mishra, J) Bhardwaj/- U