Rajendra Chhetri vs Devi Maya Chettri And Ors
2021 Latest Caselaw 16 Sikkim

                              HIGH COURT OF SIKKIM
                                Record of Proceedings



                         Review Pet. (C) No. 01/2021

RAJENDRA CHETTRI                                        PETITIONER (S)
                                      VERSUS
DEVI MAYA CHETTRI & ORS.                                RESPONDENT (S)

For Petitioner           :     Mr. A.K. Upadhyaya, Sr. Advocate
                               Ms. Rachhitta Rai, Advocate



Date: 17/04/2021

CORAM :

       HON'BLE MR. JUSTICE JITENDRA KUMAR MAHESHWARI, CJ.
                                ...

                             ORDER(ORAL)

Heard learned Senior Counsel for the appellant.

2. This Review Petition is arising out of the Judgment dated 23.11.2020

passed in RFA No.11 of 2017 (Devi Maya Chettri vs. Mahesh Chettri &

Ors.). Learned Counsel inter alia contends that in paragraph 52 of the

impugned judgment, the observations made are contrary to the records with

respect to the construction of the house. The reference is made to the pleadings

of paragraphs No. 18 and 19 of the suit to substantiate his contention.

3. In support of the said contention, reliance has been placed on the

Judgment of the Hon'ble Supreme Court in the case of Dharam Deo Narayan

Singh vs State of Jharkhand & Anr. reported in (2009) 12 SCC 398

particularly in para 5 contending that the complete justice must be done within

the purview of the scope of Order 47 Rule 1 of Code of Civil procedure, 1908. In

view of the said submission, it is urged that the judgment so passed in

particular finding of paragraph 52 are contrary to the pleadings of the record.

4. After having heard the learned Senior Counsel and on detail perusal of

paragraphs 18 and 19 of the suit, it is clear that it is relating to the fourth floor.

While the finding recorded is in general not only for the fourth floor so far as

construction of house is concerned. In that view of the matter, in my considered HIGH COURT OF SIKKIM Record of Proceedings

opinion there is no error on the face of the records which falls for review under

Rules 44 and 45 of High Court of Sikkim Practice and Procedure Rules 2011 read

with Section 114 and Order 47 Rule 1 of CPC.

5. In the opinion of this Court, judgment as relied upon by the learned

Senior Counsel in the case of Dharam Deo (Supra) is having no application

because in the said case the Circular and other documents was not taken into

consideration, therefore, the Hon'ble Apex Court has passed the Order.

6. In view of the foregoing observations, interference in the present case

under Order 47 Rule 1 of CPC is not required. Accordingly, this Review Petition

stands dismissed.

Chief Justice

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