IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1840 of 2007 Radha Devi daughter of Narayan Sah, W/o Jawahar Lal sah, resident of village- Akbarpur, P.O. Sitalpur, P.S. Dariapur, District- Saran …. Petitioner Versus 1.Mahabir Prasad @ Mahabir Sah, son of Late sital Sah, R/O Village- Akbarpur, P.O. Sitalpur, P.S. Dariapur, District- Saran 2.Sila Devi, D/o Banke Bihari Sah, Wife of Nand Kishore Prasad, R/o Village Akbarpur P.O. Sitalpur, P.S. Dariapur, District- Saran … Opp.Party ----------- 2. 21/04/2009 It appears that on behalf of the defendant petitioner a petition was filed for recall of a witness on certain grounds which has been dismissed by the impugned order dated 5.6.2007. Learned court below has subsequently rejected a review petition filed under section 114 read with section 151 C.P.C. by order dated 26.7.2007 (which is part of Annexure-1) only on the ground that earlier order dated 5.6.2007 was passed in the light of petition dated 5.4.2007 and therefore that does not require review. The provision of review in the C.P.C. entitles a party for consideration of his review petition on its merits. In the circumstances, exercising inherent powers, this Court sets aside the order dated 26.7.2007 and directs the - 2 - learned court below to consider the review petition of the defendant petitioner filed on 5.7.2007 on its merits and pass order afresh. With the above observation and directions, this revision application is disposed of. Pradeep/ (J. N. Singh, J.)