HARI OM MEHTA Vs. NIRMAL DAS AND ANR

JUDGEMENT

(1.) This is an application for review of the order dated 24th November, 2010.

(2.) I have heard the learned counsel for the appellant/applicant and gone through the record.

(3.) The main contention of the learned counsel for the appellant is that the present appeal was dismissed as having become infrucutous and as withdrawn on account of the statement purported to have been made by Mr.Rohit Gandhi, counsel for the appellant on 24.11.2010 to the effect that since Gurbux Singh, legal heir of Nirmal Das has further obtained probate accordingly, the appellant be permitted to withdraw the present appeal with liberty to challenge both the probates; one which was granted in favour of Nirmal Das and the other which has been obtained by Gurbux Singh. The ground for recall or review of the order dated 24.11.2010 was that Mr.Rohit Gandhi, learned counsel had not obtained instructions from the appellant for the purpose of withdrawing the appeal.