MOHD ALAUDDIN Vs. BIBI JAIBUNNISSA

JUDGEMENT

(1.) This Review petition has been filed by the abovenamed person, who alleges himself to be the sole heirs of Bibi Fatima, who was respondent No. 1 in the Second Appeal No. 142 of 1987 (R).

(2.) The Second Appeal No. 142 of 1986 (R) was disposed of on 8.3.1994 while this Civil Review application has been filed on 16.5.1994, which is totally barred by Limitation as per Order 47 Rules 1 and 2 of the C.P.C. For condonation of delay, a petition under Section 5 of the Limitation Act has also been filed. The Civil Review application alongwith its Limitation matter has come up for admission and a lengthy argument was placed by Mr. P.K. Bhowmik, appearing for the petitioner.

(3.) Mr P.K. Prasad, appearing for and on behalf of the Opposite parties has refuted all the allegations brought in the Civil Review application and his first contention is that the civil Review application is not maintainable in its present from because the petitioner was neither a party in the Second Appeal or in suits or lower court appeals. His further contention is that the respondent No. 1, Fatima Bibi was represented by her lawyer Mr. P.C. Roy, during the course of hearing of the appeal, which will be revealed from the impugned judgment itself and as such there is no scope of reviewing the impugned judgment on the grounds as set forth by Mr. Bhowmik and the grounds for condonation of delay are not at all convincing.