KAMLESH KOTHARI Vs. DINESH

JUDGEMENT

(1.) This petition is preferred under Order 47 Rule 1 read with Section 114 of the Code of Civil Procedure for reviewing the order dated 26.3.2019 passed by this Court in Second Appeal No. 1946/2018 (Kamlesh Kothari and another Vs. Dinesh and others).

(2.) The second appeal was preferred under Section 100 of CPC arising out of impugned judgment and decree dated 5.7.2018 passed by Additional District Judge, karear in Appeal No. 7A/2018 and 20A/2018, whereby the appellate court confirmed the judgment and decree passed by Civil Judge, Class-I Karera in Civil Suit No. 65A/2014 with certain modifications, that was dismissed by this Court vide impugned order.

(3.) It is contended by learned counsel for the petitioner that in the second appeal it is specifically pleaded by the appellant that in the plaint there was no pleading about alternative accommodation which is sine quo non for filing of a suit and seeking decree under Section 12(1)(f) of the Accommodation Control Act and as there was no pleading, no issue was framed, therefore, in the second appeal it was specifically argued that without such pleading no evidence can be led or considered and the fact written in notice cannot be considered as pleading. It is further contended that Rs.2000/- per month mesne profit is wrongly awarded by the Court, despite the second appeal is dismissed. As there are mistakes apparent on the fact of record, the present review petition deserves to be allowed.