NAMITA BISWAS Vs. ANIL KUMAR KHAN

JUDGEMENT

(1.) THIS Review application under Order 47 of the Code of Civil Procedure is directed against the order dated August 24, 1995 passed by the Hon"ble Chief Justice, High Court, Calcutta, in Civil Order No. 2548 of 1989 thereby dismissing an application under Article 227 of the Constitution of India arising out of Judgment and order dated May 15, 1989 passed by the learned Additional District Judge, First Court, Murshidabad in Misc. Appeal No. 68 of 1988 thereby reversing the Order No. 49 dated June 29, 1988 passed by the learned Munsif, Second Court, Berhampore in Misc. Case No. 51 of 1980.

(2.) THIS short fact is that the opposite parties filed an application under section 8 of the West Bengal Land Reforms Act, 1955 for pre-emption of 0.14" acre of land in plot No. 3200 appertaining to Khatian No. 1160 of Mouza Suragapur, under P.S. Naoda against the petitioner and that the same was registered as Misc. Case No. 51 of 1980.

(3.) ON the other hand Mr. Jiban Ratan Chatterjee appearing on behalf of the opposite party submits that there is no illegality or impropriety in the impugned order. The Hon"ble Chief Justice has passed the order properly. He has also referred to the decision of 2009 (10) SCC 464 particularly paragraph 12 and thus he has submitted that if there is any apparent mistake that can be rectified and for that reason entire order need not be set aside. In fact, he has supported the decision. Now, the point arises for decision is whether impugned order is justified.