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2024 Supreme(Gau) 20

ARUN DEV CHOUDHURY
Oriental Insurance Company Ltd. – Appellant
Versus
Pabitra Kr. Roy Prodhani S/o Late Protab Ch. Roy – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. R D Mozumdar, Ms.C Mozumdar
For the Respondent: Mr. L R mazumder, Md. S Alom appearing for Sri Pabitra Kr. Roy Prodhani, Mr. A. Z. Ahmed. Adv.

JUDGMENT :

1. Heard Ms. R. D. Mozumdar, learned counsel for the review petitioners. Also heard Mr. A. Z. Ahmed, learned counsel for the claimants/ respondents.

2. The present review petition is filed under Section 114 read with Order XLVII Rule I of the Code of Civil Procedure, 1908, seeking review of the Judgment dated 06.12.2022 passed by this Court in MAC Appeal No. 481/2017.

3. The ground of seeking review is that six grounds urged in the appeal memo was not considered by this Court while passing the judgment dated 06.12.2022 and accordingly, there is an error apparent on the face of record in passing the judgment and order dated 06.12.2022.

4. The grounds according to the review petitioner which are not considered by this Court are as follows:-

    “A. For that this Hon’ble Court erred in law as well as in facts in not considering that vide order dated 22.02.2022 the I.A.(Civil) No. 2398/2021 filled under Order XLI Rule 3 was allowed. Vide the said order the additional grounds were allowed by this Hon’ble Court to be treated as grounds in the memo of appeal. But while passing the judgment dated 06.12.2022 there is no mention about these additional grounds by this Hon’ble Court. This is

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