Patna High CourtC. REV./7/2014dismissed

Surya Narain Sinha v. The State Of Bihar And ORS

2017-07-05Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.7 of 2014 IN Civil Writ Jurisdiction Case No. 9637 of 2010 ===========================================================

1. Surya Narain Sinha S/O Late Tara Shankar Prasad At Near Head Post Office Mahatma Gandhi Path, Mehandichak, District- Bhagalpur And Public Works Department, Bhagalpur Sone No. 1, Correspondence Clerk ( Retired) .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Commissioner- Cum- Secretary To The Government Of Bihar, Public Works Department, Bishweshwaraiya Bhawan, Bailey Road, Patna- 800001.

3. Chief Engineer ( Building) Public Works Department, Bihar Govt., Bishweshwaraiya Bhawan, Railey Road, Patna- 800001.

4. Sri Pramod Kumar, The Superintending Engineer Building Circle, Public Works Department ( P.W.D) Bhagalpur.

5. Executive Engineer, Building Division, Public Works Department ( Pwd), Munger

6. Executive Engieer, Building Division, Public Works Dept. ( Pwd), Bhagalpur.

7. Technical Advisor, Building Division, Public Works, Department ( Pwd), Bhagalpur.

8. Treasury Officer, Bhagalpur, Distt- Bhagalpur.

9. Accountant General, Bihar Patna Office Of The A.G. Bihar, Birchand Patel Path, Patna.

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

For the Petitioner/s : Mr. BASANT KUMAR TRIPATHY For the Respondent/s : Mr. RISHIRAJ SINHA =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 05-07-2017 This application under Order XLVII Rule 1 read with Section 114 of the Code of Civil Procedure has been filed by the petitioner seeking review of the order dated 25.09.2012 passed in C.W.J.C. No. 9637 of 2010.

I have heard learned counsel for the petitioner and perused the aforementioned order dated 25.09.2012 passed in C.W.J.C. No. 9637 of 2010. The petitioner is seeking review on the

Patna High Court C. REV. No.7 of 2014 dt.05-07-2017 2/2 basis of Annexure-2 to the present review application, which was not part of the record of C.W.J.C. No. 9637 of 2010. The aforesaid Annexure-2 is said to be Xerox copy of the service book of the petitioner. It is not the case of the petitioner that the said document was not within the knowledge of the petitioner and could not have been discovered after exercise of due diligence. No mistake or error apparent on the face of the record could be pointed out by the learned counsel for the petitioner.

It is well settled that review proceedings have to be fully confined to the ambit and scope of Order XLVII, Rule 1 of the Code of Civil Procedure. A party is not entitled to seek review of a judgment merely for the purpose of rehearing and fresh decision of the case.

In that view of the matter, I see no justifiable ground for review of the aforesaid order dated 25.09.2012 passed in C.W.J.C. No. 9637 of 2010.

The review application is dismissed.

(Ashwani Kumar Singh, J) Pradeep/- AFR/NAFR NAFR CAV DATE N.A.

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