Hardeo Yadav And ORS v. Dina Nath Yadav And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3365 of 2005 ====================================================== Hardeo Yadav & Ors .... .... Petitioner/s

Versus

Dina Nath Yadav & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : None ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 21-08-2017 Seeking correction and modification of the order dated 18.10.2005 passed in Civil Review No.167 of 2001 which arises out of an order passed on 07.11.2011 in LPA No.471 of 2000, this application has been filed.

The modification prayed for is, in fact, to delete certain observations made with regard to pursuing the remedy available under law. The order passed on 18.10.2005 in Civil Review No.167 of 2001 reads as under:

"Heard.

In our view, there is no error apparent on record justifying review of the order dated 07.11.2001 passed in LPA No.471 of 2000.

Accordingly, the review application is dismissed. However, if there is any typing mistake in the order, the petitioners may pursue the remedy

Patna High Court MJC No.3365 of 2005 (4) dt.21-08-2017 2/2 available in law."

On perusal of the grounds raised in the application, we find that it is, in fact, in the nature of review and petitioner wants the entire review application bearing Civil Review No.167 of 2001 to be heard. We find no case for modification of the order dated 18.10.2005 passed in Civil Review No.167 of 2001. The application is, therefore, dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Sunil/- U