M. D. Tiwari v. Pradeep Jain

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Review Petition No.131 of 2016 1.

M.D. Tiwari, son of late Shri Motilal Tiwari, aged about 71 years, resident of C-11/12, Priyadarshini Nagar, Near Maharana Pratap Chowk, Civil and Revenue District Bilaspur (CG). 2.

R.P. Sharma, son of late Shri Bhagirathi Sharma, aged about 69 years, resident of House No.1, Street No.12-A, Section 9, Bhilai, Civil and Revenue District Durg (CG).

---- Petitioners

Versus

1.

Pradeep Jain, son of late Shri Panchamlal Jain, resident of M.P. Housing Board Colony, Titurdeeh, House No.109, Durg, P.S. Mohan Nagar, Civil and Revenue District Durg (CG). Presently residing at House No.162/1, Maithil Para, Civil and Revenue District Durg (CG).

2.

State of Chhattisgarh, through the Collector, Durg (CG). ---- Respondents For Petitioners :

Shri Amrito Das, Advocate For Respondent/State :

Ms. Astha Shukla, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 30/09/2016 (1) Heard on I.A. No.01, application for condonation of delay in filing the review petition.

(2) On due consideration, I.A.No.01 is allowed. Delay in filing the review petition is hereby condoned.

(3) This review petition has been filed by the petitioners against the order dated 15.06.2016 passed in Civil Revision No.81/2016. (4) After hearing learned counsel appearing for the petitioners at length and after going through the records, I do not find any legal error apparent on the face of the record in the order under review as plea of non-service of notice under Section 80 of CPC was not raised at the time of hearing of revision petition. However, the petitioners are at liberty to raise all such grounds during the course of trial. (5) Consequently, the review petition deserves to be and is accordingly dismissed.

(6) Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge L/-