INVESTMENT COMBINE Vs. TATYASAHEB KORE WARANA

JUDGEMENT

(1.) The PlaintiffsApplicants have taken out this Notice of Motion, as Summary Suit under Order XXXVII of the Code of Civil Procedure (for short, CPC) and Summons For Judgment arising out of the same, were dismissed on 11 November 2011 as none appeared for the Plaintiffs and the Court has passed the following order on merits:

(2.) Admittedly, none appeared for the Plaintiffs. The Court heard the DefendantsRespondents and passed the order on merits of the matter by dismissing the Suit itself and so also the Summons For Judgment.

(3.) The learned Counsel appearing for the Respondents original Defendants has opposed the delay, as well as, the review itself as according to him, no case is made out to review the order and basically no "sufficient cause" to condone the delay. The submission is also made that impugned order is dated 11 November 2011, the plaintiffsApplicants appeared on 27 November 2012. Though present affidavit is filed, no sufficient cause/actual aspect shown as to why they could not take note of the pending proceedings in the High Court. The submission is also made based upon the various judgments of this Court referring to the Supreme Court Judgments showing the principle and foundation of entertaining the Review Petition on the ground of "error on face of record" and/or "erroneous decision". The submission is also made that the "erroneous decision" if any, just cannot be set aside in Review. The decision/judgment always contemplated that the Court after hearing both the parties to reasoned order/Judgment.