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Judgment
Prakash Padia, J
The present review application has been filed by one Seth Vijay Kumar who was arrayed as respondent No.2 in petition, i.e., Matter Under Article 227 No.3802 of 2021 (Gyanendra Seth Vs. Civil Judge and 7 others) which was decided by me vide order dated 11.08.2021.
While filing the present review petition, it is stated that the same petitioner has earlier approached this Court by filing petition, i.e., Matter Under Article 227 No.2503 of 2021 (Gyanendra Seth Vs. Civil Judge and 7 others). The said petition was dismissed by a co-ordinate Bench of this Court vide its judgement and order dated 06.07.2021.
It is admitted by learned counsel for the petitioner that the aforesaid fact was concealed by the petitioner while filing the subsequent petition. It is further argued that the mistake is not deliberate.
Heard learned cousnel for the parties and perused the record.
From perusal of the record, it is clear that the subsequent order dated 11.08.2021 was obtained by the petitoner by concealing the fact that for the same cause of action, earlier a petition has been filed which was dismissed vide order dated 06.07.2021 in Matter Under Article 227 No.2503 of 2021 (Gyanendra Seth Vs. Civil Judge and 7 others).
In this view of the matter, the Review Application is allowed.
The order dated 11.08.2021 passed in Matter Under Article 227 No.3802 of 2021 (Gyanendra Seth Vs. Civil Judge and 7 others) is recalled.
The Matter Under Article 227 No.3802 of 2021 (Gyanendra Seth Vs. Civil Judge and 7 others) is dismissed.