Chandra Kunwar vs Shivcharan
2022 Latest Caselaw 1437 Chatt

                                   1

                                                                     NAFR

            HIGH COURT OF CHHATTISGARH, BILASPUR

                     Review Petition No.28 of 2022

   Chandra Kunwar, D/o Chhote Bagar, Aged about 67 years, R/o Village
   Ramnagar, Tahsil Surajpur, District Surajpur (C.G.)
                                                       (Respondent No.1)

(Defendant No.2)

---- Petitioner

Versus

1. Shivcharan, S/o Shivmangal, Aged about 62 years, Caste Gond, R/o Village Ramnagar, Tahsil Surajpur, District Surajpur (C.G.) (Appellant) (Plaintiff)

2. Bal Kunwar, D/o Chhote Bagar, aged about 62 years, Caste Vishwakarma, R/o Village Ramnagar, Tahsil Surajpur, District Surajpur (C.G.) (Respondent No.2) (Defendant No.1)

3. Basant Lal Jaiswal (Died on 13-11-2013) Through Legal Heirs

A. Smt. Savitri Devi Jaiswal, W/o Late Basant Lal Jaiswal, Aged about 68 years,

B. Suresh Kumar Jaiswal, S/o Late Basant Lal Jaiswal, Aged about 49 years,

C. Nilesh Kumar Jaiswal, S/o Late Basant Lal Jaiswal, Aged about 40 years,

D. Kamlesh Kumar Jaiswal, S/o Late Basant Lal Jaiswal, Aged about 36 years,

Respondent No.3A to 3D R/o Village Ramnagar, Tahsil & District Surajpur (C.G.)

E. Smt. Sunita Jaiswal, W/o Rajendra Prasad Jaiswal, Aged about 45 years, R/o House No.47, Bhagwanpur, Ambikapur, District Surguja (C.G.)

F. Smt. Anita Jaiswal, W/o Madan Jaiswal, Aged about 43 years, R/o Joda Peepal Ambilapur, Tahsil Ambikapur, District Surguja (C.G.)

G. Smt. Bineeta Jaiswal, W/o Satyanatayan Jaiswal, Aged about 38 years, R/o Near Bus Stand Pendra, Tahsil Pendra, District Pendra Gaurela Marwahi (C.G.) (LRs of respondent No.3)

4. State of Chhattisgarh, Acting through the Collector, Surajpur, District Surajpur (C.G.) (Defendant No.4)

---- Respondents

Hon'ble Shri Justice Sanjay K. Agrawal

Order (In Chamber)

21/03/2022

1. The above-stated review petition is taken-up for consideration in

Chamber in view of Rule 90(2) of the High Court of Chhattisgarh Rules,

2007 (for short, 'the Rules of 2007').

2. I have gone through the review petition and the annexed documents.

3. The main ground of the review petition is that Basant Lal Jaiswal, who

was respondent No.3 in the second appeal, died on 13-11-2013,

whereas appeal against him has been allowed on 3-3-2020. Basant Lal

Jaiswal - respondent No.3 was duly represented before this Court when

the judgment was passed on 3-3-2020 in presence of learned counsel for

the parties. The petitioner herein was also duly represented on that day

and he did not point it out before the Court and after more than one year,

the review petition has been filed. The petitioner cannot be allowed to

take advantage of his own wrong.

4. After going through the record of the review petition and the documents

annexed therewith and also the judgment under review, I do not find any

error apparent on the face of record warranting review of the judgment

dated 3-3-2020 passed by this Court in S.A.No.78/2010. Accordingly,

the review petition is dismissed in limine in terms of Rule 90(2) of the

Rules of 2007 finding no sufficient cause for review of the judgment

under review. No cost(s).

Sd/-

(Sanjay K. Agrawal) Judge Soma