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1962 Supreme(All) 108

B.MUKERJI, S.C.MANCHANDA
BAHADUR – Appellant
Versus
BACHAI – Respondent


Advocates Appeared:
G.P.BHARGAWA, K.C.SAXENA, K.M.Sinha

MUKERJI, J.


( 1 ) THIS is an application for a review of judgment dated 17th of August 1961.

( 2 ) THE review has been sought on the ground that there was an error apparent on the face of the record. The application for review has been made under Or. 47 R. I. C. P. C. and the prayer is in these words:

"it is, therefore, most respectfully prayed that this Honble Court may be pleased to review its judgment and decree dated 17-8-1961, and after recalling or setting aside the same, be pleased to order that proceeding in the above Second Appeal shall remain stayed in accordance with the provisions of the U. P. Consolidation of Holdings Act".

( 3 ) IN order to appreciate the true Import of the (prayer it is necessary to notice a few facts.

( 4 ) SOMETIME in the year 1953 a suit for possassion cf six plots covering an area of 6 bighas 12 biswas, situated in village Asharfabad was filed in the court of the Munsif of Mirzapur. On the 13th of April 1955 the aforementioned suit was decreed for possession with costs against the second defendant to the suit. An appeal was preferred against the decision of the learned Munsif and that appeal was decided by the lower appellate court on the 28th of















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