Bacha Pandey And ORS. v. Babu Nawal Kishore Pandey

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.314 of 2014 ======================================================

1. Bacha Pandey

2. Dhurb Pandey

3. Braj Kishore Pandey

4. Raja Pandey All sons of Late Rambaran Pandey and all resident of village and P.O. Bela, P.S. Ramgarhwa, District-East Champaran at Motihari. .... .... Defendants/Respondents/Appellants/ Petitioners.

Versus

Nawal Kishore Pandey, son of late Ram Chandra Pandey, resident of village and P.O. Bela, P.S. Ramgarhwa, Dist East Champaran at Motihari.

.... .... Plaintiff/Appellant/Respondent/Opposite party. ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Dubey For the Respondent/s : AC to AAG-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 25-03-2015 Heard Mr. Dwivedi learned Senior Counsel in support of the present application which seeks review of the order 27.08.2014 passed in S.A. No. 347 of 2010.

Defendants-appellants' appeal against the judgment and decree passed by the learned lower appellate Court reversing the judgment and decree of the trial Court was considered and dismissed recording reasons therefor.

Learned counsel submits that while upturning the judgment and decree of the trial Court the learned lower appellate Court ought to have considered each and every aspect of the case and records reasons which have not been done. In my view, the appellants in substance pray for rehearing of the appeal

Patna High Court C. REV. No.314 of 2014 (4) dt.25-03-2015 2/2 which is not permissible in law. The Hon'ble Apex Court has consistently held that power of review cannot be confused with the appellate power of the Court. Considering the narrow confines of the jurisdiction invoked this Court does not find any merit in this application.

Dismissed.

(Kishore Kumar Mandal, J) Shyam/- U