KAMALSINGH Vs. SHARAD

JUDGEMENT

(1.) THIS is an application for review filed under Section 114 read with Order 47 Rule 1 of the Civil Procedure Code, 1908.

(2.) THE review of judgment dated 28/4/2008 delivered by this Court in Second Appeal No. 116 of 1992 has been sought by the applicants on the ground that there has been an error apparent on the face of the record in recording a finding as regards ownership of the non -applicants and that this finding has resulted in miscarriage of justice.

(3.) THE applicants resisted the suit. They denied relationship of the non -applicants with Bharatsingh. They denied execution of the alleged will in favour of the non -applicants. They denied that the non -applicants were not aware of the execution proceedings and the decree was got executed by them by playing fraud upon the non -applicants. They submitted that the non -applicants were not the legal representatives of Bharatsingh. They also submitted that the suit as filed was not maintainable in view of the provisions contained in Section 47 of the Civil Procedure Code.