ROSHAN LAL Vs. BISAMBHARI DEVI

JUDGEMENT

(1.) Before this Court could go into the merits of the review petition, Mr. R.K. Gautam, learned Senior Counsel representing respondents No. 1 and 2 (hereinafter referred to as the petitioners), fairly states that judgment sought to be reviewed in the instant proceedings needs to be reviewed in the light of the judgment rendered by the Hon'ble Apex Court in Shyam Sunder Sarma v. Pannalal Jaiswal, (2005) 1 SCC 436, wherein it has been held that on the dismissal of an application filed under Section 5 of the Limitation Act, the remedy available would be appeal not the Civil Miscellaneous petition.

(2.) Undisputedly, in the case at hand, petitioners approached this Court by way of petition filed under Article 227 of the Constitution of India, praying therein to set-aside the order dated 2.8.2018, passed by learned District Judge, Bilaspur, Himachal Pradesh in CMP No. 540/6 of 2016, whereby an application having been filed by the petitioners under Order 41 Rule 3 CPC for condonation of delay for filing appeal, came to be dismissed.

(3.) In a petition filed under Article 227 of the Constitution of India, this Court vide judgment dated 28.11.2018, set-aside the aforesaid order passed by the learned District Judge, Bilaspur, whereas as per aforesaid judgment rendered by Hon'ble Apex Court in Shyam Sunder Sarma case (supra), appropriate remedy for the petitioner laying therein challenge to the order passed by learned District Judge, is/was to file an appeal not Civil miscellaneous petition under Article 227 of the Constitution of India.