{Review petition under Section 114 read with Order 41 Rule 1 of the Code of Civil Procedure, 1908} Present: Mr. Malay Kumar Bhaciurt, counsel for the petitioner. Sinqle Bench: Hon’ble Mr. T.P. Gharma. J ORAL ORDER (16-92009) 1. This review petition under Section 114 of the C.P.C. is directed against the judgment dated 13—7-2009 passed by this Court in First Appeal No.95/2001, on the ground that at the time of passing of the judgment, the notification issued under Section 58 (f) of the Transfer of Property Act, 1882 (for short ‘the Act’) relating to Raipur town was not within the knowledge, but Raipur town has been notified under clause (f) of Section 58 of the Act, therefore, judicial notice of the said notification is necessary to decide the real controversy. . l have heard learned counsel for the petitioner and perused the judgment passed by this Court. HIGH COURT OF CHHATTISGARH,BILASPUR Review Petition No.67 of 2009 (6 APPLICANT/t Punjab & Sind Bank, A corpor'ated (Original resbondenty organization under Banking Companies (Plaintiff) Act 1980, having its Head Office at Rajendra Place, New Delhi, and one of it’s Branches at. K.K. Road, Ralpur (C,G.) Versus NON-APPLICANTS/: 1. Jeewandamal Kakkad, S/o Phool Singh, (Original appellants)/ Proprietor, Jeewandamal and Brothers, (Defendants) Auto Parts Dealer, R/o A-20, Shankar Nagar, Shop Anand Talkies Building, Moudahapara, Raipur (C.G.) 2. Surendra Kumar Arora, S/o Jeewandamal Kakkad, Office Anand Talkies Building, Moudahapara, Raipur (C.G.) . By judgment dated 13—7-2009 passed by this Court in First Appeal No.95/2001, the case was remitted back to the trial Court for limited purpose of adducing evidence relating to applicability of the provisions of Section 58 (f) of the Act and for decision afresh. Right of the petitioner herein has not been denied Para 22 of the said judgment reads thus ~— 22.For the foregoing reasons, the judgment & decree are not sustainable and deserve to be set aside. Accordingly, the appeal is allowed and the judgment & decree impugned are hereby set aside. The case is remitted back to the trial Court for limited purpose of affording opportunity of making necessary pleading, adducing evidence relating to applicability of the provisions of Section 58 (f) of the Act and deciding the case afresh. . ln the light of the direction contained in para 22 of the judgment, I do not find any ground for review and the petitioner may adduce evidence or file notification before the trial Court in accordance with para 22 of the judgment. sp- . The petition is, therefore, liable to be dismissed and it is hereby dismissed. No order as to costs. Sd/- T.P. Sharma Judge