Shanti Lal vs Shanti Lal
2022 Latest Caselaw 9780 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Review Petition No. 17/2021

Shanti Lal S/o Hasti Mal Talesara, Aged About 55 Years, 15, Samagio Ki Pati, Pali

----Petitioner Versus Shanti Lal S/o Footarmal, Rooie Katla, Pali

----Respondent

For Petitioner(s) : Mr. Manoj Bhandari, Sr. Advocate assisted by Mr. Mohit Choudhary and Mr. Anikt Tater.

For Respondent(s) :

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

26/07/2022

This review petition has been filed by the petitioner seeking

review of judgment dated 27.04.2021 passed in SBCFA No.

212/2002, whereby the first appeal filed by the petitioner-

appellant was dismissed.

Learned counsel for the petitioner attempted to make

submissions essentially seeking to question the validity of the

judgment itself.

Submissions were attempted to be made that the aspect in

the judgment impugned about the property belonging to deceased

Nathmal and he being survived by six children and, therefore,

Hastimal alone not having right in the property, was not

considered, the right of Sukanya Bai under Section 14 of the

Hindu Succession Act, 1956 ('the Act') was also not taken into

(2 of 2) [CRW-17/2021]

consideration and that application under Order XLI, Rule 27 CPC

was wrongly rejected.

Besides the fact that insofar as the issues pertaining to

Nathmal survived by six children and Hastimal being not the sole

owner of the property and the right of Sukanya Bai under Section

14 of the Act are concerned, neither they were any pleadings in

this regard nor any issue was framed and even in the appeal,

neither any ground was raised nor any submissions were made,

the seeking of review on the said grounds under Order XLVII, Rule

1 CPC, do not fall within the parameters of error apparent on face

of record.

The further plea raised seeking to question the validity of

order passed on application under Order XLI, Rule 27 CPC also

does not fall within the parameters of mistake or error apparent

on face of record the Court.

In view thereof, no case for review of judgment dated

27.04.2021 is made out. The review petition is, therefore,

dismissed.

(ARUN BHANSALI),J 177-PKS/-

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