Vijay Kalra vs Bhanwari Bai
2021 Latest Caselaw 6749 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Review Petition No. 21/2020

Vijay Kalra S/o Shri Jhamandas Ji Kalra, Aged About 47 Years, Proprietor Fresh Ice Candy, Paneriya Ki Madadi, Veena Nagar, Sector No. 6, Udaipur (Raj.)

----Petitioner Versus

1. Bhanwari Bai W/o Moti Singh, R/o Remal Fala Ki Bhagal, Tehsil Nathdwara, District Rajsamand (Raj.)

2. Smt. Gopi Devi W/o Late Dalu Singh, R/o Semal Fala Ki Bhagal, Tehsil Nathdwara, District Rajsamand (Raj.)

3. Kumari Sohani Devi D/o Late Dalu Singh, R/o Semal Fala Ki Bhagal, Tehsil Nathdwara, District Rajsamand (Raj.)

4. Kumari Sumitra Kumari D/o Late Dalu Singh, Aged About 11 Years, Minor Through Natural Guardian Mother Smt. Gopi Devi W/o Late Dalu Singh Kharwad Chandna, R/o Semal Fala Ki Bhagal, Tehsil Nathdwara, District Rajsamand (Raj.)

5. Shiv Lal S/o Ramchandra Kumawat, R/o Gaytri Nagar, Sector No. 5, Hiranmagri, Udaipur (Raj.)

----Respondents

For Petitioner(s) : Mr. Dhanesh Saraswat.

For Respondent(s)        :



           HON'BLE MR. JUSTICE ARUN BHANSALI

                                    Order

05/03/2021

This review petition has been filed by the petitioner in

relation to judgment dated 05.08.2019 passed in S.B. Civil First

Appeal No.349/2019 by a Co-ordinate Bench of this Court (Hon'ble

Judge presently sitting at Jaipur Bench).

The review petition is barred by 428 days and application

under Section 5 of the Limitation Act, 1963 ('the Act') for

(2 of 2) [CRW-21/2020]

condonation of delay has been filed by the petitioner. However, the

matter was examined on merits before issuance of notice of

application u/s. 5 of the Act.

Learned counsel for the petitioner attempted to make

submissions that while passing the order under review the

pleadings of the parties and evidence on record were not

appreciated by the Court and that the finding regarding the strict

liability arrived at by the Court was essentially incorrect.

The issues sought to be raised by way of review petition, do

not fall within the parameters under Order XLVII, Rule 1 CPC,

wherein power can be exercised only on account of any error

apparent on the face of record. Submissions regarding incorrect

judgment cannot be made subject matter of a review petition.

In view thereof, as no case for review is made out, the

review petition is, therefore, dismissed.

(ARUN BHANSALI),J

11-Rmathur/-

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