JUKKHAN Vs. RAM KUMAR

JUDGEMENT

(1.) THIS is a review petition to recall the judgment and order dated 15-1 1-1996 passed by the then Member, Sri Rama Kant Dubey in second appeal No. 28 of 1993-94/Moradabad. In the facts and circumstances of the instant case, this review petition is being disposed of at the admission stage itself.

(2.) I have heard the learned Counsel for the parties and have also perused the relevant records on file. For the review petitioner it was contended that an error apparent on the face of the record has been committed by this Court ; that this Court has not properly considered the relevant and material facts and circumstances as well as evidence on record and has recorded an erroneous perverse and un­reasonable finding against the review petitioner ; that in these circumstances, the aforesaid impugned order dated 15-11-1996 passed by the then Member be recalled and the review petition be allowed and the second appeal be heard again in the interest of natural justice. In reply, the learned counsel for the respondent urged that the learned Member has passed a sustainable, legal and j us tified order which must be maintained ; that the material facts and circumstances as well as evidence on record adduced by the parties con­cerned have been properly examined and a correct conclusion has been drawn by the learned Member which is sound in law and as such the aforesaid impugned order dated 15-11-1996 passed by this Court must be sustained.

(3.) IN view of the discussions made hereinabove, I come to the conclusion that this review petition being devoid of any force is liable to be dismissed.