Patna High CourtC. REV./134/2017allowed

Lakshmi Prasad Nayak v. Jabintara Khatoon

2017-07-07Mr. Justice Mungeshwar Sahoo2 pages

Patna High Court C. REV. No.134 of 2017 (4) dt.07-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.134 of 2017 In C.Misc. 1004 of 2016 ====================================================== Lakshmi Prasad Nayak .... .... Petitioner/s

Versus

Jabintara Khatoon .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rama Nand Poddar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 07-07-2017 Heard the learned counsel for the petitioner and the learned counsel for the opposite party.

It appears that in this review application, earlier on 05.05.2017, notices were issued to the opposite party in the admission matter.

The learned counsel, Mr. Balkrishna Mishra has already appeared on behalf of the opposite party.

The learned counsel for the petitioner submitted that while disposing of the Civil Misc. Case No.1004 of 2016 by order dated 21.02.2017, this Court did not consider the fact that the affidavit filed by the opposite party in the State Bank of India wherein she has admitted that she is residing in rented house and the petitioner is praying for calling for the said affidavit to prove this fact.

Patna High Court C. REV. No.134 of 2017 (4) dt.07-07-2017 On the other hand, the learned counsel for the opposite party submitted that a reasoned order has been passed by this court referring to the decisions of the Supreme Court and then has held that the document i.e. the affidavit sought to be called for from the Bank has got no role to play.

Perused the order dated 21.02.2017. From perusal of this order, it appears that while disposing of the civil miscellaneous case, this court did not consider the fact as to whether she has admitted the fact that she is residing in a rented house or not. Therefore, this is an error apparent on the face of the record. Thus, this civil review application is allowed. The impugned order dated 21.02.2017 is set aside. The Civil Miscellaneous Case No.1004 of 2016 is restored. (Mungeshwar Sahoo, J) Saurabh/- U