IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2457 of 2008 BISHWANATH SAH Versus MANJU LATA MISHRA & ORS ----------- 3 19/12/2008 Heard counsel for the petitioner. This is an application for recalling the order dated 8.8.2008 in Civil Revision No. 1142 of 2008. Counsel for the petitioner relying on a judgment of the Calcutta High Court in the case of ‘Ajoy Kumar Rit Vs. Iswar Dharma Thakur & Ors’, reported in AIR 1995 Calcutta 370 submits that as the Civil Revision Application was dismissed on merits without hearing counsel for the petitioner, miscellaneous application of the present nature would be maintainable. In the opinion of this Court, said judgment of the Calcutta High Court does not take into consideration the scope of Order 47 of the Code of Civil Procedure. There is an express provision for review of any order passed by the Court exercising powers under the Code and that being so this miscellaneous application is wholly misconceived. This application is accordingly 2 dismissed. The petitioner, if so advised, may file a review application. (Mihir Kumar Jha, J.) Abhay Kumar