JAKKAMREDDY VENUGOPAL REDDY Vs. SRIDEVI SARANNAVARATHRULU

JUDGEMENT

(1.) BY this review petition, the petitioners-appellants pray for review of the judgment dated 22. 03. 2007, passed by this Court, dismissing the second appeal, by ordering the C. M. P. No. 437 of 2007, filed by them seeking to raise the question - whether the suit is barred by the law of limitation? an additional ground in the second appeal.

(2.) THIS Court holding that the appellants neither before the Court below nor before this Court raised the plea of limitation, dismissed the second appeal. It is the contention of the appellants that after filing of the second appeal, they filed application in C. M. P. No. 437 of 2007, praying to permit them to raise as additional ground in the second appeal - whether the suit is barred by the law of limitation, but without ordering this application, but this Court without considering the said application, has erroneously dismissed the second appeal, and the said error being an error apparent on the face of record, is required to be reviewed, and prayed that the present applications be ordered and the judgment passed in the second appeal be reviewed.

(3.) HAVING heard the learned counsel for the appellants, the questions that arise for consideration in the present application is whether the appellants can be permitted to raise as additional ground the question - whether the suit is barred by limitation, which ground they have not raised either before the trial court or before the appellate Court? and whether by non-consideration of the application filed by the appellants seeking to raise the said ground as additional ground in the second appeal, this Court committed any error, much less an error on the face of the record?