LAJ KAUR Vs. SHANTI DEVI

JUDGEMENT

(1.) In Civil Second Appeal No. 192/1981 following substantial question of law was formulated on July 17, 1981 :-

(2.) An application seeking review of the said order was filed by the tenant on April 7, 1998, which was dismissed in default on October 1, 1999. Thereafter the tenant filed instant Misc. Application on April 27, 2004 under Sections 151 and 152 of the Code of Civil Procedure seeking amendment in the judgment dated October 17, 1997 rendered in Second Appeal No. 192/1981.

(3.) It is contended by Mr. A. K. Bhargava, learned counsel for the tenant-applicant that on October 17, 1997 the tenant and his Counsel could not appear before this Court and the landlord did not place correct facts before this Court. Since the material facts were concealed, the judgment dated October 17, 1997 is required to be recalled. Reliance is placed on S. P. Chengalvaraya Naidu v. Jagannath (1994 DNJ SC 7) : (AIR 1994 SC 853); Mangi Lal v. State of Rajasthan (1997 (2) RLR 755) : (1998 AIHC 1818); Shri Paresar v. Municipal Board, Mount Abu (1996 (1) RLR 649 : (1997 AIHC 1897); Sushil Kumar Mehta v. Gobind Ram Bohra (1990) 1 SCC 193; Beli Ram v. Chaudhri Mohammad Afzal (AIR 1948 (35) Privy Council ), Asharfi Lal v. Koili (1995) 4 SCC 163; (AIR 1995 SC 1440) and Collector, Land Acquisition, Anantnag v. Mst. Katiji (AIR 1987 SC 1353).