BIMAL SARMA Vs. DAIBAKI KUMARI DEVI

JUDGEMENT

(1.) Heard Mr. D Mozumdar, learned Senior Counsel assisted by Mr. G Alam, learned counsel for the petitioner and Mr. S Ali, learned counsel for the respondents.

(2.) This application under Section 114 read with Order XLVII Rule 1 of the CPC is for review of the judgment and order dated 12.10.2018 passed in RSA 150/2013. The ground for review is reproduced hereinbelow:-

(3.) The petitioner was the defendant/appellant no. 1 in the second appeal. Mr. Mozumdar supporting the aforesaid ground for review submits the truth should be the guiding star in the entire judicial process. The power of the court is to be exercised with an object to subserve the cause of justice and for getting the evidence in aid of just decision to uphold the truth. In support of his submission Mr. Mozumdar relies on the case law of Maria Margarida Sequeira Fernandes and others vs. Erasmo Jack De Sequeira (Dead) through LRs, 2012 5 SCC 370. Seeking invocation of the power under Order XLVII Rule 1 of the CPC it is the contention that during the cross examination of the plaintiff mother she expressed in her cross examination that she had no objection if the defendant/appellant no. 1 remains over 8 lechas of land. Referring the said statement of the plaintiff mother Mr. Mozumdar wanted to link it to the natural bond of the mother towards her son. In the present case in hand, the plaintiff is the mother and the defendant/appellant no. 1 is her younger son. For the said reason in order to bring out the truth the relief sought for by the plaintiff/ respondent no. 1 for her declaration of right, title and interest over 'Ka' schedule land and confirmation of her possession in respect of land of Schedule 'Kha' with that of Schedule 'Ka' after dismantling and removing all constructions made by the principal defendant may be modified invoking the power under Order VII Rule 7 of the CPC.