Hon’ble Sanjay Misra, J.—This is a First Appeal From Order under Order XLIII Rule 1(w) of the Code of Civil Procedure.

2. Heard Sri Yogesh Agarwal, learned counsel for the appellants and Sri Vinod Swaroop, learned senior counsel for the sole respondent.

3. This appeal arises against the order dated 14.12.2010 passed in Review Application No. 01-A/2006 (Devbrat Mishra v. Satya Prakash Pandey and others) arising out of Civil Appeal No. 311 of 1999 (Keshavanand and others v. Devbrat Mishra and others) by the Additional District Judge, Court No. 13, Allahabad whereby the review application has been partly allowed.

4. According to Sri Yogesh Agarwal, learned counsel for the appellant the impugned order passed on the review application is patently illegal for the reason that none of the ingredients under Order XLVII Rule 1 Code of Civil Procedure had been made out. According to him under Order XLVII Rule 1 a review application can be maintainable only if it is established that there has been discovery of new and important matter or evidence which even after exercise of due diligence was not within the knowledge of the applicant and hence could not be produced at the time when the