A review petition must demonstrate that new, significant evidence was unavailable at the time of the original judgment to warrant reconsideration.

JUDGMENT :

Mr. Mahendar Kumar Goyal, J. - This review petition has been filed seeking recall and review of the judgment dated 25.05.2023 passed by this Court in S.B. Civil Writ Petition No.8593/2022 whereby, the writ petition filed by the review petitioner against the concurrent findings of facts recorded by the learned Appellate Rent Tribunal, Alwar and the learned Rent Tribunal, Alwar allowing the original application filed by the respondents/landlords under Section 9 of the Rajasthan Rent Control Act, 2001, was dismissed.

2. Inviting attention of this Court towards the statement of Shri. Ram Das (PW-1) and documents pertaining to registration of the respondent-Trust under the Rajasthan Public Trust Act, 1959 (for brevity, "the Act of 1959") submitted alongwith an application filed under Order 41, Rule 27 CPC, learned counsel for the review petitioner contends that Shri. Ram Das was not authorised to file the eviction application on behalf of the landlord trust. He, therefore, prays that the review petition be allowed, the judgment dated 25.05.2023 be recalled and the review petition can be restored to its original number.

3. Heard. Considered.

4. Submission of the learned counsel for the petitioner that the applicants' witness himself has admitted during his cross-examination that he did not have the authority to file the application on behalf of the trust, was negated by this Court while dismissing the writ petition, in following terms:

"Neither any material has been placed on record by the petitioners to substantiate the aforesaid submission despite it being a writ of certiorari nor, the judgment impugned reveals any such objection taken by them either before the learned Appellate Rent Tribunal or the learned Rent Tribunal. Rather, the learned Appellate Rent Tribunal has recorded a categorical finding that Shri. Ramdas was authorised to file the application."

5. Now, this review petition has been filed placing reliance upon the cross-examination of Shri. Ram Das and the documents pertaining to registration of the respondent-Trust under the Act of 1959 submitted alongwith the application filed under Order 41, Rule 27 CPC. Indisputably, the statement of Shri. Ram Das was available with the review petitioner when he filed the writ petition and the documents pertaining to registration of the respondent- Trust were within his knowledge when the rent eviction application was filed. No reason has been advanced by the learned counsel for the review petitioner as to why these documents were not submitted alongwith the memo of writ petition or at the appropriate stage. Indisputably, the rent application was filed by the respondent-Trust way back in the year 2007 and till filing of the review petition on 12.07.2023, no effort was made either before the learned Rent Tribunal or the learned Appellate Rent Tribunal or even alongwith the writ petition to submit the subject documents. Further, it is not disputed that no such objection was taken either before the learned Rent Tribunal or before the learned Appellate Rent Tribunal. A perusal of the Order 47, Rule 1 CPC shows that review can be sought on discovery of important fact which, after the exercise of due diligence, was not within knowledge of the review petitioner or could not be produced by him at the time when decree was passed or the order made. In the instant case, this Court is not convinced that the review petitioner satisfies the aforesaid condition. Even otherwise, the complete statement of Shri. Ram Das (PW-1) has not been submitted alongwith the application filed under Order 41, Rule 27 CPC; rather, a part of it is only submitted. Even after considering the part of statement of Shri. Ram Das, this Court is not convinced that the judgment dated 25.05.2023 warrants review.

6. Resultantly, this review petition is dismissed being devoid of merit.

7. The application No.1/2023 filed under Order 41, Rule 27 read with section 151 CPC also stands disposed of accordingly.