BHAGWATI PRASAD VYAS Vs. KHATUN BI & ORS

JUDGEMENT

(1.) This review is sought against an order dated 4.3.2001 by a single Bench of this Court in Civil Revision No.1848/11, by which an application seeking amendment of the written statement was allowed by this Court and defendants were permitted to raise counter claim, claiming their title in the suit property. The learned counsel appearing for the applicant submitted that in a suit for eviction such counter claim was not permissible and the Single Bench erred in allowing the revision and permitting the defendants to amend the written statement claiming their title in the suit property. Reliance is placed to the Apex Court judgment in Transmarine Corporation and others vs. Zensar Technologies Ltd. & ors, 2009 10 SCC 750] and submitted that this review petition be allowed and the impugned order be set aside. A review is permissible when some error is apparent on the face of the record, particular material could not be produced inspite of due diligence and it was not available at the time of hearing and for some other sufficient reason. All the aforesaid ingredient are not available in the matter. The petitioner is seeking review of the order on merits of the case which is beyond the scope of review. In view of the aforesaid, we do not find any merit in this review petition, it is dismissed with no order as to costs. The trial of the Court remain stayed by the interim order passed by this Court on 10.7.2002. We direct the trial Court to expedite the hearing of the civil Suit No.287-A/2000 pending before the 2nd Civil Judge, Class I, Harda or before any other Court where it is pending at present.