D. JAMES PETER Vs. NITIN V. PATEL

JUDGEMENT

(1.) This is a Review Petition to review the findings recorded in paragraph No.20 of the order, dtd. 2/11/2021 made in C.R.P.No.266 of 2021, by way of incorporation on 24/11/2021, pursuant to the listed matter, "for being mentioned" made by the review petitioners in the above C.R.P.No.266 of 2021 and pass further orders.

(2.) C.R.P.No.266 of 2021 was filed against the order passed in I.A.No.21 of 2018 in O.S.No.145 of 2017 on the file of the learned Subordinate Judge at Ponneri. I.A.No.21 of 2018 was filed for rejecting the plaint in O.S.No.145 of 2017. The respondents in the review petition are the petitioners in C.R.P.No.266 of 2021.

(3.) This Court, considering the records and rival submissions, dismissed the Civil Revision Petition on 2/11/2021 by confirming the order of dismissal passed in I.A.No.21 of 2018. Then the matter was listed under the caption "for being mentioned" on 24/11/2021. It was submitted by the learned counsel for the respondents/petitioners that the judgment and decree in O.S.No.49 of 2006 was recalled in I.A.No.301 of 2016 on the ground of fraud committed in getting the compromise in the suit. It was omitted to be mentioned in the order, therefore, learned counsel for the respondents/petitioners prayed to include a specific reference in the order that the judgment and decree in O.S.No.49 of 2006 was set aside on the ground of fraud and this aspect should also be decided by the trial Court. In response to his submission, learned counsel for the petitioner/respondent submitted that all these issues are open in the trial and it is not necessary to make a specific mention in the order.