KESHA MOR SATWARA Vs. PURIBEN R SATWARA

JUDGEMENT

(1.) This application is filed by the appellant of First Appeal No. 3317 of 1996 and original defendant No. 1 of Special Civil Suit No. 38/88 for review of the judgment and order dated 15.10.1997 passed by this Court (Coram : Mr Justice S.D. Shah) in the above numbered First Appeal. Since Mr Justice S.D. Shah has expired, this application is placed before this bench. In this application filed on 5.10.1998, a prayer is also made for condoning the delay in filing the application.

(2.) The short facts leading to filing of this application are as under :-

(3.) The present application is filed on the ground that this Court had proceeded on an erroneous or non-existent basis that the final decree was already drawn and was already executed and, therefore, the appeal was not entertained. The applicant has contended that what was drawn was only a preliminary decree and no final decree was drawn when this Court dismissed the appeal on 15.10.1997 and, therefore, the ground was made out for review of the order dated 15.10.1997 as the Court had then relied upon the statement made by the learned counsel for the original plaintiff.