Patna High CourtC. REV./288/2014dismissed

M/S Mukto Sic Mukti And Company Through Mukti Narayan Singh v. The State Of Bihar And ORS

2015-02-13Mr. Justice Mungeshwar Sahoo2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.288 of 2014 In First Appeal No. 255 of 2004 ====================================================== M/s Mukto (sic) Mukti & Company Through Mukti Narayan Singh .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kripa Nand Jha For the Respondent/s : Mr. Abbas Haider ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 13-02-2015 Heard the learned counsel, Mr. Kripa Nand Jha, for the petitioner and the lenred counsel, Mr. Abbas Haider, on behalf of the respondent.

This review application has been filed by the plaintiff respondent petitioner for review of my Judgment dated 01.08.2014 passed in First Appeal No.255 of 2004.

The learned counsel, Mr. Kripanad Jha, for the petitioner at the time of hearing of this review application raised the same argument which was advanced at the time of hearing of this First Appeal. No error apparent on the face of the record has been pointed.

The Hon'ble Supreme Court in the case of Kamlesh Verma, Vs. Mayawati AIR 2013 SC 3301 has held that 'the jurisdiction and scope of review is not that of an appeal and it can be

Patna High Court C. REV. No.288 of 2014 (4) dt.13-02-2015 2 / 2 entertained only if there is an error apparent on the face of the record. An error which is not self-evident and has to be detected by a process of reasoning can hardly be said to be an error apparent on the face of the record justifying the Court to exercise its power of review.'

Since the argument is advanced on the basis of different Judgments of the Supreme Court relating to the matter when the order will take its effect which are not communicated with the error apparent on the face of the record. I do not find any merit in the review application and thus this review application is dismissed.

(Mungeshwar Sahoo, J) Sanjeev/- U