Sanjay Kumar vs Bagas Ram Verma
2022 Latest Caselaw 2494 Chatt

                                                                                             NAFR
              HIGH COURT OF CHHATTISGARH, BILASPUR
                            REVP No. 169 of 2021
     • Sanjay Kumar S/o Late Shri M.L. Kannoje Aged About 40 Years
       Occupation Government Service, R/o Gandhi Chowk, Ward No. 33,
       Tahsil And District Rajnandgaon Chhattisgarh.   --- Applicant.

                                              Versus

     • Bagas Ram Verma S/o Late Shri Gaindu Ram Verma Aged About 50
       Years R/o Village Rahud, P.S. And Tahsil Khairagarh, District
       Rajnandgaon Chhattisgarh, At Present R/o Sisly Matale Gali, Ward No.
       05, Rajnandgaon, Tahsil And District Rajnandgaon Chhattisgarh.

                                                                                ---- Respondent.

                                  CAUSE TITLE TAKEN FROM CIS PERIPHERY


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For Applicant : Mr. P. Chetan Kumar & Mr. Pramod Ramteke, Adv.

For Respondent : None.

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Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 18.04.2022 Heard on IA No.1/2021 - Application for condonation of delay.

2. Considering the reasons assigned in the application, it is

allowed.

3. Being aggrieved by the order dated 01.11.2021 passed in MA

No.91/2019 (Bagas Ram Verma Vs. Sanjay Kumar) the respondent

has filed this review petition, whereby the appeal has been allowed

and order dated 30.01.2019 passed in MJC No.13/2017 passed by

First Additional District Judge, Rajnandgaon & the ex-parte decree

passed in Civil Suit No.2B/2014 dated 18.11.2016 was set aside on

payment of costs of Rs.5000/- to the petitioner Sanjay Kumar.

4. Heard counsel for the petitioner and perused the petition.

5. The scope of review is well settled in Rajender Kumar Vs.

Rambhai reported in (2007) 15 SCC 513. The relevant paragraph of

the said judgment is reproduced herein:-

"6. The limitations on exercise of the power of review are well settled. The first and foremost requirement of entertaining a review petition is that the order, review of which is sought, suffers from any error apparent on the face of the order and permitting the order to stand will lead to failure of justice. In the absence of any such error, finality attached to the judgment/order cannot be disturbed."

6. In view of above, this Court is of the considered opinion that this

petition is misconceived in law and therefore, the same liable to be

dismissed and is hereby dismissed.

Sd/-

(Deepak Kumar Tiwari) Judge Ajay