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2022 Supreme(MP) 832

RAJEEV KUMAR SHRIVASTAVA
Mahant Shri Gopaldas Chaila – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Shri K.S. Tomar - Senior Advocate With Shri Sanjay Tomar - Advocate., for the Appellant; Shri G.P. Cho Rasiya - Government Advocate., for the Respondent

JUDGMENT

1. This review petition under Order 47 Rule 1 of CPC has been filed by the petitioner seeking review of order dated 29/06/2022 passed in Miscellaneous Petition No.1812/2022.

2. It is submitted by learned counsel for the petitioner that the miscellaneous petition under Article 227 of the Constitution of India has been filed by the petitioner challenging the order dated 11/03/2022 passed by First Civil Judge, Senior Division, Dabra, District Gwalior in Civil Suit No.13-A of 2009, whereby application under Order 6 Rule 17 of CPC has been rejected. It is further submitted that the citations relied upon by the petitioner are quoted by this Court in the impugned order but the same were not discussed in the order.

3. Learned counsel for the petitioner has also submitted that in paragraph 6 of the impugned order, the question of limitation is mentioned, but the the same was neither raised by the defendants before the trial Court nor the trial Court has given any finding with regard to the question of limitation as amendment being barred by law. Learned counsel for the petitioner also submits that since the aforesaid errors are apparent on the face of record, therefore prayed to revie

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