GHULAM MOHAMMAD Vs. TAJ MOHAMMAD KHAN

JUDGEMENT

(1.) By means of the present application, the applicant, who is son of the defendant appellant, seeks the review of the judgment and decree of this Court passed in Second Appeal No.1964 of 1980 on 16th of October, 1985.

(2.) Before dealing with the merits of the review application, it is necessary to mention that the suit was throughout contested by the father of the applicant Sri Ghulam Mohammad, who was defendant in the suit and who unsuccessfully agitated the matter in the first appellate court and in second appeal in this Court. The applicant's father had also filed a review application against the judgment of this court passed in second appeal which was dismissed in the year 1986. The present application does not whisper that the father of the applicant has died. Thus it is clear that the present applicant has no right to challenge a decree passed against his father, who is very much alive. The review application on the alleged ground could have only been moved by the applicant's father. The applicant has not indicated in his application as to how he has an independent right to file a review application in a matter in which he was not a party. However, instead of rejecting the application on this ground alone, I propose to deal with the merit of the application itself.

(3.) The only ground for seeking review of the judgment and decree passed in second appeal as alleged in the application is that in the second week of April, 1994, the applicant received a document along with a covering letter from his grand mother, who was residing in Pakistan. The covering letter explains that the document was discovered by the grand mother of the applicant in the papers that had been taken away by her from India at the time of migration to Pakistan. On getting read the said document, she realised that the document is concerning the property at Agra and for this reason, she had sent the said document to the applicant. The applicant has filed the photostat copy of the document along with the letter of his grandmother received from Pakistan and the envelop in which the said letter has been received. The original document has not been filed.