JUDGMENT

Arijit Pasayat, J.—Leave granted.

2. Challenge in this appeal is to the judgment and order dated 7.2.2003 in Civil Revision No.144/2003 and the order dated 23.4.2004 in (Review Application) Misc. Civil No. 574/2004, passed by a learned Single Judge of Madhya Pradesh High Court at Jabalpur.

3. Though various points were urged in support of the appeal, the primary stand was that Civil Revision filed under Section 115 of the Code of Civil Procedure, 1908 (in short the CPC) was allowed by the learned Single Judge even without issuing notice to the appellant. On knowing the order passed by learned Single Judge in the Civil Revision, the review application was filed specifically pointing out that no notice had been issued before disposal of the Civil Revision. The High Court rejected the same as noted above.

4. Learned counsel for the appellant submitted that in the review petition it was categorically mentioned that without notice the order dated 7.2.2003 was passed. There is no finding recorded that any notice was in fact issued. Unfortunately, the High Court did not consider this aspect and dismissed the review application. It is also submitted that the revision was not maintain