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Judgment
We have heard Sri Awadh Narain Rai learned Counsel for the Appellant, Sri Sanjeev Singh learned Counsel for the Respondent No. 3, learned standing counsel appearing on behalf of the Respondents No. 1 and 2 and have perused the impugned judgment and order dated 28.2.2011 passed by the learned Single Judge Reported in 2011 (3) ADJ 402 whereby the writ petition No. 10052 of 2011 preferred by the Respondent No. 3 has been allowed and the impugned order in the writ petition dated 19.1.2011 passed by the Deputy Registrar, Firms, Society and Chits, Agra Region, Agra has been set aside.
The order dated 19.1.2011 has been set aside by the learned Single Judge on the ground that it is mere reviewing its earlier order dated 23.11.2010 which power of review the Deputy Registrar did not possess.
We are in the respectful agreement with the view taken by the learned Single Judge that exercise of the power of review is not an inherent right, but it has to be exercised in conformity of the statutory provisions, which in the present case is missing.
We therefore do not find any legal infirmity in the impugned judgment and order passed by the learned Single Judge. However Sri Awadh Narain Rai learned Counsel for the Appellant submitted that as the Deputy Registrar has rectified his mistake by passing the order dated 19.1.2011 which is not assailed in the present appeal, he did not challenge the order dated 23.11.2010 and was deprived of such opportunity. We therefore leave it open to the Appellant, if so advised, to challenge the order dated 23.11.2010 in accordance with law.
5.The appeal fails and is hereby dismissed. No costs.