LAWS(PAT)-2023-10-28

PARMATMA TIWARI Vs. STATE OF BIHAR

Decided On October 11, 2023
Parmatma Tiwari Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The present Civil Review Petition is filed for reviewing the order dtd. 24/3/2022 passed in C.W.J.C. No. 1956 of 2022.

(2.) Learned counsel for the petitioner submitted that on page-2, there is an error committed by this Court insofar as filing of petition on 24/1/2022, which should have been in the month of January, 2021. Whereas, in the pleading of Civil Review Petition, it is stated that writ petition was filed in the month of September, 2021. In other words, the petitioner himself is not aware what is the exact date of filing writ petition. Be that as it may, there is no error apparent on the face of the record, so as to invoke Order 47, Rule 1 of C.P.C.

(3.) It is submitted that cause of action accrued to the petitioner in the year 2016 with reference to certain entries in the Measurement Book. Even, if the cause of action accrued in the year 2016. One cannot ignore the execution of the contract in the year 2010 and its completion in the year 2011. Assuming that cause of action accrued to the petitioner in the year 2016 he should have approached this Court within a reasonable time of three years from the date of cause of action accrued.