JOYCE CYNTHIA PRABHAKAR Vs. A S K SIRCAR

JUDGEMENT

(1.) THESE review applications have been filed on behalf of Mrs. Joyce Cynthia Prabhakar and another and defendant -appellants for review of the common judgment dated 31.5.2013 passed in the above noted two special appeals. We have heard Sri Dhruva Narayana, learned Counsel for the applicants (defendant -appellants) and Sri Navin Sinha, learned Senior Counsel assisted by Sri P.K. Ganguly for the respondents.

(2.) SRI Dhruva Narayan submits that the judgment dated 31.5.2013 is liable to be reviewed under Order XLVII, Rule 1 of C.P.C. for the following reasons:

(3.) SRI Sinha further submits that the Court while rendering the judgment dated 31.5.2013 has considered elaborately each and every point for determination with reference to the facts and evidences available on record and thereafter, recorded the finding that the Will dated 5.9.1994 executed by Mrs. Edna Diamond Peters is wholly valid and the Will has been proved. He submits that the grounds of review advanced by the applicants are in the nature of grounds of appeal. The grounds of review so raised is wholly outside the scope of Order XLI, Rule 1, C.P.C. He relied upon the judgment of Hon'ble Supreme Court in the case of Smt. Meera Bhanja v. Smt. Nirmala Kumari Chandra : AIR 1995 SC. 455, paragraphs 8 and 12. He submits that all the points raised by the applicants are for re -appreciation of evidences and as an appeal which are outside the scope of review.