ABHAYA KUMAR BADJENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner-appellants, by filing this application under section 114 read with Order 47, Rule 1 of the Code of Civil Procedure, has prayed for review of the order dated 04.09.2015 passed by this Court in Regular Second Appeal No.340 of 2010.

(2.) Learned counsel for the petitioners-appellants submits that the order by which this Court has refused to admit the Second Appeal finding involvement of no such substantial question of law in the case, suffers from the vice of error apparent on the face of record.

(3.) He further submits that while going for searching out the substantial question of law, this Court has failed to appreciate the established position of law that the Civil Court can go beyond the settlement entry to find out as to who are the real title holders of the land in question. It is also submitted that the Court while appreciating the matter has not read the plaint as a whole and only picking out a sentence in isolation and other stray sentences as have been referred to by the learned counsel for the State has been swayed away to pass the order that the appeal does not merit admission. According to him, for non-consideration of the above aspects, there arises error apparent on the face of the record so as to review to the said order.