RAMESH KUMAR DATTA
Jagdish Bhagat – Appellant
Versus
Sri Baijnath Rai – Respondent
1. LA. No. 2749 of 2006 has been filed in Civil Revision no.1125 of 2006 for condoning the delay of about 9 months for filing the revision application.
2. It is submitted on behalf of the petitioners that earlier an order dated 28.7.2005 was passed by the learned Subordinate Judge-11, Patna in Title suit No. 295 of 1994, in which it was held that the objection of the plaintiff-petitioners for setting aside the report of the Pleader Commissioner is not fit to be accepted. It is submitted that the petitioners were not correctly advised in the matter and instead of immediately challenging the said order by filing revision application before this court, the petitioners preferred an application before the court below seeking a review of the order dated 28.7.2005, which was rejected by order dated 7.9.2005 and against the same, the petitioners filed Civil Revision No.2099 of 2005 before this court within time.
3. However, after hearing of the said matter at the admission stage itself it came to the knowledge of the counsel that the main order having not been challenged, it will not be appropriate to set aside the order passed in rejecting the review application by the court below
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