2010 Supreme(All) 2720
B.C.KANDPAL, NIRMAL YADAV
Shri Chandra Bhan and Others – Appellant
Versus
Sri Ram Ratan Chhabra and Others – Respondent
(Delivered by Hon’ble Nirmal Yadav, J.)—Heard Mr. L.P. Naithani, learned Senior Counsel assisted by Mr. Lokendra Dobhal, learned counsel for the appellants/applicants, Mr. Neeraj Garg, learned counsel for the respondents and perused the entire material available on record.2. This review application has been filed under Order 47, Rule 1 of the Code of Civil Procedure by Shri Chandra Bhan plaintiff/appellant and others for reviewing the order dated 15th February 2007 passed by the Division Bench of this Court dismissing their first appeal bearing no. 406 of 2001 along with first appeal No. 22 of 2002 filed by Satish Chandra Chhabra, one of the respondents. The main ground raised by Mr. L.P. Naithani, learned Sr. Counsel is that this Court has not considered the plea taken by the appellant about the legal notice dated 05.08.1988 having served upon respondent Ram Ratan Chhabra through his counsel Surendra Prasad Parashar stating that the property should be partitioned by metes and bounds along with the proposal and the site plan as to how the property should be partitioned in two equal portion. Ram Ratan Chhabra had replied to the said notice on 10th August 1988 and agreed for the divi
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