AI Structured Summary
Not yet generated for this judgment
Judgment
Heard learned counsel for the parties.
This review petition has been filed for reviewing the order dated 21.10.2011 passed by Hon'ble Single Judge of this Hon'ble Court in Civil Revision No. 421 of 2008 by which the civil revision filed by petitioner was dismissed.
Civil Revision application was filed by defendant/petitioner for setting aside the order dated 06.02.2008 passed by learned 1st Additional District Judge, Katihar, in Miscellaneous Appeal No. 35 of 2005/ 20 of 2007 by which the order of the trial court dismissing the suit as abated was set aside by the appellate court and thereafter it was remanded to the learned trial court to decide the issue afresh in accordance with law.
Defendant -petitioner has challenged the order of appellate court on the ground that same was passed against dead persons Sita Ram Mahto (plaintiff-appellant) died on 02.02.2008 and Birendra Prasad (defendant-respondent no. 8) died on 16.01.2008 whereas the impugned judgment was passed on 06.02.2008 against dead persons and as such is fit to be set aside.
Trial court had dismissed the suit as same stood abated against which plaintiff-appellant filed appeal before the appellate court and order of the trial court dismissing the suit as abated was set aside and the matter was remitted to the trial court to decide the issue afresh.
By order dated 21.10.2011 the Hon'ble Single Judge dismissed the civil revision and issue raised regarding death of the parties at appellate stage was left open to be raised before the trial court.
This Court does not find any error apparent on the face of record requiring any interference in the order under review. Accordingly, the review petition is dismissed.