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Judgment
B.S. Verma, J.
(Delay Condonation Application No. 828 of 2011)
(Review Application No. 56 of 2011)
Heard learned Counsel for the review-applicant.
Grounds are sufficient to condone the delay in filing the review application. Accordingly, delay is condoned. Delay condonation application No. 828 of 2011 stands allowed.
The applicant M/s Cheema Paper Mills Pvt. Ltd. 393/2 Bazpur, Udham Singh Nagar, through Shri Gurdayal Singh Cheema Managing Director has moved the review application to review the order dated 30-9-2010 passed by this Court in this writ petition.
Learned Senior Advocate Mr. M.C. Kandpal appearing for the review applicant has submitted that in the Revenue Suit No. 22/19 of 1991-1992 filed by the Plaintiff-Petitioner, the applicant M/s Cheema Paper Mills Pvt. Ltd. was not a party to the suit while the suit was filed for eviction of Defendant Harbhajan Singh Cheema son of Bhag Singh, Managing Director and Partner of M/s Cheema Paper Mills Pvt. Ltd. but in the judgment delivered by this Court, in the particulars of parties M/s Cheema Paper Mills Pvt. Ltd. has been mentioned as Respondent No. 4. There is a mistake on the face of record.
I have perused the judgment dated 30-9-2010 passed by this Court as well as the memo of the writ petition.
In the writ petition the particulars of Respondent No. 3 are-Harbhajan Singh Cheema s/o Sri Bhag Singh, Managing Director & Partner of M/s Cheema Paper Mills Private Ltd., 393/92, Bazpur, Nainital (now Udham Singh Nagar), while State of U.P. through Collector, District Nainital has been arrayed as Respondent No. 4 to the writ petition.
Inadvertently, in the caption of the parties, the State of U.P. has not been shown as Respondent No. 4 rather part of the address of Respondent No. 3 i.e. M/s Cheema Paper Mills Private Ltd., 393/92, Bazpur, Nainital (now Udham Singh Nagar) has been mentioned as Respondent No. 4. The mistake is clerical and bona fide. To this extent, the review application deserves to be partly allowed.
So far as other grounds have been taken for review of the judgment, I do not find any force in the review application.
Accordingly, the review application is partly allowed. The Respondent No. 3 shall be read in the judgment as "Harbhajan Singh Cheema S/O Sri Bhag Singh, Managing Director & Partner of M/s Cheema Paper Mills Private Ltd., 393/92, Bazpur, Nainital (now Udham Singh Nagar)" and Respondent No. 4 shall be read as "State of U.P. through Collector, District Nainital". To this extent, this order shall form part of earlier order dated 30-9-2010 passed by this Court.