HARDYAL SINGH MEHTA Vs. M A KHAN

JUDGEMENT

(1.) This is an application seeking review of the judement dated 23 October 1991 of a learned Single Judge S.N. Sapra, J. Since S. N.Sapra J. has since retired the matter has been listed before this Bench. We have heard Mr. Bansal, learned Counsel for the applicant.

(2.) One Nirmala Devi adjacent owner of a property to that of the petitioner Hardyal Singh Mehta filed an application under Order I Rule 10 and 521 Section 151 of the Code of Civil Procedure before the Appellate Tribunal constituted under the Delhi Municipal Corporation Act, 1957, in an appeal filed by Mehta against an order of demolition passed by the M.C.D. That application was allowed by the Tribunal. It was, however, challenged by Mehta in this Court in Civil Misc. (Main) 161 of 1989 which was allowed by judgment of Arun B. Saharya, J. on January 1990. It is reported in AJ.R. 1990 Delhi 170. Thereafter, Nirmla Devi sought permission of the Tribunal to file certain documents in those very proceedings before the Tribunal which application was allowed and against that order the present Civil Misc. (Main) 336/90 was filed. This was dismissed by the impugned order.

(3.) Contention of Mr. Bansal is that there is patent mistake in the judgment inasmuch as there is misreading of the earlier judgment of Saharya, J. The fact remains that judgment was cited before Sapra, J. and he took note of the same and referred to the same in his judgment. If the learned Judge took a wrong view of that judgment, as contended Mr. Bansal, this is no ground for review of the impugned judgment. The grievance of the applicant, if any could be agitated in appeal. We do not find that the case falls under Order 47 of the Code of Civil Procedure. Dismissed.