Patna High CourtC. REV./495/2016allowed

Ashok Kumar v. Rupesh Kumar

2017-02-22Mr. Justice Mungeshwar Sahoo2 pages

Patna High Court C. REV. No.495 of 2016 (4) dt.22-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.495 of 2016 In C.Misc. 798 of 2016 ====================================================== Ashok Kumar .... .... Petitioner/s

Versus

Rupesh Kumar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Zainul Abedin For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 22-02-2017 Heard the learned senior counsel, Mr. Bakshi S.R.P. Sinha for the petitioner.

The learned senior counsel submitted that by mistake, it was submitted before the court that this petitioner is not party in the Execution Case No.3 of 2008 and, therefore, the order sought to be reviewed was passed by this court on 29.08.2016. Perused the order dated 29.08.2016, sought to be reviewed, passed by this court in Civil Miscellaneous No.798 of 2016. From perusal of the order sought to be reviewed, it appears that it has been held that in the execution case, the petitioners are not party whereas in fact, the petitioner has filed the execution case according to the learned senior counsel for the petitioner. It appears that there are error apparent on the face of the record. Thus, the order dated 29.08.2016 passed in Civil

Patna High Court C. REV. No.495 of 2016 (4) dt.22-02-2017 Miscellaneous No.798 of 2016 is hereby recalled. This review application stands allowed.

The Civil Miscellaneous No.798 of 2016 be listed under the heading "for admission".

(Mungeshwar Sahoo, J) Saurabh/- U