LAWS(ALL)-2004-4-228

MOHD. KASIM Vs. ASGHAR ALI ETC.

Decided On April 22, 2004
Mohd. Kasim Appellant
V/S
Asghar Ali etc. Respondents

JUDGEMENT

(1.) THIS is a review petition against order dated 17-12-2003 passed by this Court on the ground mentioned in the review application. On receipt of the said review application parties were given notice and in response thereof opposite side appeared.

(2.) ON the appearance of the opposite-party the learned Counsel for the review petition moved an application for filing certain papers as additional evidence. On the last date 22-4-2004 the application for granting time for filing additional evidence has been rejected because no such evidence can be entertained during the hearing of review petition.

(3.) IN view of the above discussions and submissions I am of the opinion that review petitioner have very limited scope and the same cannot be heard against the established and set provisions of statute. The very effort of the review petitioner to file fresh evidences in review petition shows that there is much substance in the submissions advanced by the learned Counsel for the opposite-parties. The review petitioner has not pointed out any such point which have been over looked by this Court while hearing and deciding the second appeal by order dated 17-12-2003. As the referred citations are very clear on this point that even nor view can be entertained on the grounds of erroneous orders passed by the Court while the order dated 17-12-2003 has been passed after considering each and every point raised for review petitioner. Review petitioner wants to re-open the same is beyond the scope of review petition. In the said circumstances I do not find any force in the review petition hence the same is liable to be dismissed.