CHANDRADEEP RAI, SON OF LATE BALLU RAI @ DULLU RAI Vs. STATE OF BIHAR; SUB DIVISIONAL OFFICER, SONEPUR, SARAN; CIRCLE OFFICER, DARIYAPUR; MRITYUNJAY MOHAN SON OF LATE DHRUV NARAYAN PANDEY

JUDGEMENT

(1.) By way of the present application preferred under Order XLVII, Rule 1 of the Code of Civil Procedure, the appellant seeks review of the order dated 02.07.2014 passed in LPA No. 1010 of 2013 whereby the Letters Patent Appeal preferred against the order dated 04.7.2013 passed by the learned Single Judge in CWJC No. 16101 of 2006 has been allowed and the aforesaid order passed by the learned Single Judge has been set aside.

(2.) During course of arguments, Mr. Narendra Kumar Roy, learned advocate for the petitioner has tried to justify the order passed by the learned Single Judge in CWCJ No. 16101 of 2006. He has contended that while passing order dated 02.07.2014 in LPA No. 1010 of 2013, the Division Bench failed to appreciate the facts and law involved in the case.

(3.) On the other hand, Mr. Nagendra Rai, learned advocate, who appearing on private respondent no. 4, submitted that a party is not entitled to seek review of a judgment merely for the purpose of re-hearing and fresh decision of the case. He submitted that the petitioner has failed to point out any error apparent on the face of record and in that view of the matter, the review application is not maintainable.