Anjani Kumar Khatod vs Abdul Gafoor

Narendra Kumar Jain, J.—Mr. Anjani Kumar Khatod, Petitioner present in person.

Petitioner has preferred this review petition to review the order dated 29.01.2009 passed by this Court in S.B. Civil Second Appeal No. 9/2002, whereby second appeal of Appellant was dismissed.

Submission of the Petitioner is that this Court vide order dated 18.08.2006 admitted second appeal after framing a substantial question of law and as such second appeal ought to have been decided finally on the substantial question of law formulated by this Court at the time of admission of the second appeal, but a bare perusal of order dated 29.01.2009 passed by this Court shows that neither the substantial question of law formulated by this Court was referred, nor it was discussed and decided and only by a non-speaking order, second appeal was dismissed, therefore, there is an error apparent on the face of the record, which requires review of order dated 29.01.2009.

No one is present on behalf of the Respondent despite service of notice.

I have considered the submissions of the Petitioner and I find force in the same. From order dated 18.08.2006 it is clear that after hearing both the parties, this Court formulated a substantial question of law and from impugned order dated 29.01.2009 it is clear that neither the question of law formulated by this Court was referred nor discussed, even the finding of both the courts below on the said substantial question of law was not referred and considered. In these circumstances, I find this case to be fit one to review impugned order and to restore second appeal.

Consequently, review petition is allowed. Order dated 29.01.2009 passed in S.B. Civil Second Appeal No. 9/2002 is recalled and Second Appeal is restored to its original number.

List Second Appeal No. 9/2002 for hearing on 14.12.2010, as prayed. (Narendra Kumar