GOVIND PRASAD Vs. KAROBAR LAHRIMAL RAMJEEVAN

JUDGEMENT

(1.) Misc. Appeal preferred by the petitioner appellant against the order dated April 21, 1994 of the District Judge, Alwar was dismissed by this Court (Hon'ble R.S. Kejriwal, J.) on February 11, 1997. It is against this order that the petitioner appellant has filed instant review petition.

(2.) I have heard learned Counsel appearing for the parties and perused the material on record.

(3.) It was canvassed by Mr. R.K. Mathur, learned Counsel appearing for the petitioner that while passing the order dated February 11, 1997 this court committed mistake, an error apparent on the face of the record in dismissing the appeal on the ground of limitation as no such objection was raised by the decree holder respondent before the lower Executing Court and there was no occasion to meet such objection in the Court below. Even no such objection was raised before this court in writing but at the time or arguments it was raised orally. The objection in respect of limitation is a mixed question of law and fact which requires proper investigation on the basis of evidence. This court did not enter into merits of the case but dismissed the appeal on the ground of limitation only.