ANITA AGGARWAL Vs. KHARANAND

JUDGEMENT

(1.) By this review application the applicant has sought review of the order dated 6th April, 2010 of this Court on the ground that during course of hearing this Court was of the view that issue of limitation involves a mix question of law and facts and the same could be kept open, to be decided by the trial Court along with other issues after recording evidence of the parties and in view of this expression of opinion by this Court, the Counsel for the petitioner did not address arguments on the facts and merits of the case However, vide order dated 6th April, 2010 the petition was dismissed on merits and the order of the trial Court was upheld. It is therefore prayed that the order be reviewed.

(2.) This petition was listed for the first time before the Court on 15th February, 2010 and the Court asked the Counsel to argue on the maintainability of the petition. By this petition, the petitioner had assailed an order of the trial Court deciding a preliminary issue "whether the present suit was barred by limitation ? OPD?" and the trial Court after considering the facts and arguments of both the sides had come to the conclusion that the suit was within the period of limitation. This Court had considered the arguments addressed by the petitioner and passed order as per law.

(3.) It is submitted by Counsel for the petitioner that this Court should recall the order and the issue of limitation be sent back to the trial Court for deciding afresh after recording evidence. I consider that in the garb of reviewing, the Court cannot recall its order and pass another order quite differently and contrary to the order, in question. None of the grounds as given in Order 47 CPC has been made out in the review application. I find no reason to review the order. The review application is dismissed.