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2015 Supreme(Pat) 1062

I.A.ANSARI, CHAKRADHARI SHARAN SINGH
Heera Chand Swarnkar – Appellant
Versus
Radhe Shyam Jee Maharaj Virajman – Respondent


Advocates Appeared:
For the Appellant : Mr. Nirmal Kumar Shrivastava

JUDGMENT :

I. A. ANSARI, J.

Even though an appeal does not lie against an order made under Article 227 of the Constitution of India, whether an appeal will lie against an order made in a review petition, declining to review an order, which was passed in a petition made under Article 227 of the Constitution of India? This is the moot question, which this appeal has raised. Another important question, which this appeal has raised is, what is the nature of a review proceeding? Yet another question, which this appeal has raised is: Why no intra-Court appeal lies under Clause 10 of the Letters Patent of Patna High Court against an order made under Article 227 of the Constitution of India?

MATERIAL FACTS ;

2. The materials facts and circumstances, leading to the present appeal, may, in brief, be set out as under:

(i) By order, dated 03.12.2009, passed, in Title Suit No. 142 of 1997, by learned Sub Judge 4, Begusarai, the evidence of the plaintiff-appellant was closed. The appellant, on 07.12.2009, filed a petition to recall of the order, dated 03.12.2009, aforementioned and allowing him to adduce evidence. The prayer for recall was declined by learned Sub Judge 4, Begusarai, by making an ord





















































































































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