Subhas Pd. Gupta v. Most. Shanti Kunwar And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.282 of 2014 In SA 110 of 2011 ====================================================== Subhas Pd. Gupta & Anr.

.... .... Petitioner/s

Versus

Most. Shanti Kunwar & Ors.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dineshwar Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 29-07-2015 Heard Mr. Dineshwar Mishra in support of the present review application seeking review of the order dated 23.07.2014 passed in S.A. No. 110 of 2011. The second appeal was considered and dismissed on merit setting out reasons therefor. Mr. Mishra has contended that the first appellant court after permitting the defendant-appellant to adduce additional evidence did not consider the relevance of those evidence(s) which were filed in the shape of Exts. D and E. It has thus been submitted that patent illegality has been committed by the learned lower appellate court meriting review of the order passed on second appeal.

The jurisdiction of this Court is limited one. All the submissions made here could have been advanced while the second appeal was being considered. There is no justification for

Patna High Court C. REV. No.282 of 2014 (6) dt.29-07-2015 2/2 re-hearing the appeal which the appellant(s)-petitioners want through this application.

Considering the narrow confines of the jurisdiction as also the fact that the present review application seeks the second appeal to be re-heard on merit, in my view, is fit to be dismissed. I order accordingly.

(Kishore Kumar Mandal, J) HR/- U