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Judgment
Mr.Tarakaram, learned senior advocate appearing in support of the appeals argues that the Hon''ble Single Judge did not correctly record the submission of the learned advocate for the appellant. He disputes the recording made by the Hon''ble Single Judge.
We are afraid that such a challenge is not maintainable.
The Supreme Court of India in the case of BANK OF BIHAR -versus- MAHABIR LAL AND OTHERS reported in AIR 1964 SUPREME COURT 377, inter alia, held that where a statement appearing in the judgment of a court that a particular thing happened or did not happen before it, it ought not ordinarily to be permitted to be challenged by a party unless both the parties to the litigation agreed that the statement was wrong, or the Court itself admitted that the statement was erroneous. The remedy of a party aggrieved has been by way of review.
Therefore, the appeals are dismissed.
In view of dismissal of the appeals, the pending interlocutory application does not survive for consideration and is, also, dismissed.
We make no order as to costs.
