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Ramji Lal Vs. the Additional District Judge and ors.

Ramji Lal vs The Additional District Judge and ors.

Type Court Judgment Court Rajasthan Decided Jul 22, 2011
~2 min read
https://sooperkanoon.com/case/920578

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Citation
Court
Rajasthan High Court
Judge
Decided On
Case Number
S.B.CIVIL REVIEW PETITION No.75 of 2011 IN S.B.CIVIL WRIT PETITION No.3465 of 2011
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Ramji Lal

Advocate Ms.Madhu Meena, Adv

Respondent

The Additional District Judge and ors.

Excerpt

1. heard the learned counsel for the petitioner. 2. petitioner has preferred this review petition to review order dated 16th march, 2011 passed in s.b.civil writ petition no.3465/2011. 3. it is contended that in para 5 of the order two different dates have been given of sale deed i.e. 1st july, 2003 and 18th june, 2003, whereas there was only one sale deed dated 1st july, 2003, therefore, there is factual mistake in the order, which may be reviewed and writ petition be heard afresh. 4. the above writ petition was preferred against order dated 29th january, 2011 passed by additional district judge, gangapurcity in civil suit no.25/2004. a bare perusal of order dated 29th january, 2011 (annex.4 with the writ petition) will reveal that learned trial court observed in the bottom of page no.2 that in both the suits, a prayer has been made to cancel two different sale deeds. in these circumstances, the facts mentioned in para 5 of order of this court were based on impugned order of the trial court dated 29th january, 2011, therefore, i do not find any error apparent on the face of record in the order dated 16th march, 2011 and review petition deserves to be dismissed and the same is hereby dismissed. 5. however, it is observed that if there is any factual mistake in the order dated 29th january, 2011 passed by trial court then it will be open for the petitioner to file a review petition before the concerned court. 

Full Judgment

1. Heard the learned counsel for the petitioner.

2. Petitioner has preferred this review petition to review order dated 16th March, 2011 passed in S.B.Civil Writ Petition No.3465/2011.

3. It is contended that in para 5 of the order two different dates have been given of sale deed i.e. 1st July, 2003 and 18th June, 2003, whereas there was only one sale deed dated 1st July, 2003, therefore, there is factual mistake in the order, which may be reviewed and writ petition be heard afresh.

4. The above writ petition was preferred against order dated 29th January, 2011 passed by Additional District Judge, Gangapurcity in Civil Suit No.25/2004. A bare perusal of order dated 29th January, 2011 (Annex.4 with the writ petition) will reveal that learned trial court observed in the bottom of page No.2 that in both the suits, a prayer has been made to cancel two different sale deeds. In these circumstances, the facts mentioned in para 5 of order of this Court were based on impugned order of the trial court dated 29th January, 2011, therefore, I do not find any error apparent on the face of record in the order dated 16th March, 2011 and review petition deserves to be dismissed and the same is hereby dismissed.

5. However, it is observed that if there is any factual mistake in the order dated 29th January, 2011 passed by trial court then it will be open for the petitioner to file a review petition before the concerned Court. 

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