KIRHA Vs. STATE

JUDGEMENT

(1.) THIS is a recall-cum-review petition under Section 151 CPC against the judgment and order, dated 18-9-2003, passed by this Court in revision petition No. 53 of 2001-02 Chitrakoot Kirha v. State, dismissing the same in limine, as not maintainable.

(2.) I have heard the learned Counsel for the petitioner as well as the learned DGC (R) and have also perused the relevant papers on file. The bone of contention of the learned Counsel for the petitioner is that since the revision petition, in question, was maintainable in law, it has wrongly been dismissed in limine, as not maintainable. In support, reliance has been placed on the case laws, reported in 2002 RD 515 and 715. Much stress has been laid on the analogy that since the first revision was filed under the old unamended Act, the revision petition, in question, was maintainable, in view of the aforesaid case law, reported in 2002 RD 515. The learned DGC (R), in reply, urged that since the facts and circumstances of the instant case are rather altogether different from those of the reported case, the same are not applicable to the instant case and therefore, this Court was perfectly justified in dismissing the second revision petition by the same person, as not maintainable. Emphasis has also been laid by him that since the revision petition, in question, was highly time-barred and no satisfactory explanation for the delay, caused in filing the same, was forth coming, it was also barred by limitation and therefore, this recall-cum-review petition has rather no merits and very richly deserves dismissal outright.

(3.) IN view of the above, this recall-cum-review petition, being devoid of merits, is hereby, rejected and the impugned order, passed by this Court, is accordingly, confirmed and maintained. Review dismissed.