KARTIK CHANDRA Vs. HAREN MAHATHA

JUDGEMENT

(1.) THIS review application has been filed by the petitioner seeking review of the judgment dated 18.8.98 passed by this court in second Appeal No. 85/80R. The petitioner was respondent no.2 in the aforesaid second appeal and he was shown as minor son of late Paras Bihari Roy represented through his mother and natural guardian, Chanubala Debya, respondent no.1 in the said appeal.

(2.) IT appears that Title suit no. 75/77 was filed by the plaintiff/respondent no.1 along with the petitioner when he was minor through his mother. The suit was filed for a decree of declaration that the sale deed dated 15.8.77 executed in favour of the defendants -opp. parties by the plaintiff was invalid. The suit was dismissed by the trial court holding that the said deed executed in favour of opposite party was legal and valid. The plaintiff - respondent no.1 along with the petitioner, then filed title appeal no. 115/78 which was eventually allowed in terms of the judgment and order dated 24.7.78. Aggrieved by the said decree the defendants opp. parties preferred second appeal being Second Appeal No. 85/80. In the said memo of appeal the petitioner was shown as a minor represented through his mother, respondent no.1. The second appeal was ultimately allowed and the judgment and decree passed by the lower appellate court was set aside and the judgment and decree passed by the trial court was confirmed and thus the suit was ultimately dismissed.

(3.) FOR better appreciation of the submission made by Mr. Debi Prasad it would be useful to quote para 11 of the review petition which is the sheet -anchor of the prayer made for review of the judgment.