1 (RPW 53 of 2011) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION REVIEW PETITION NO.53 OF 2011 IN WRIT PETITION NO.3166 OF 2011 Rajiv Vijay Ved ...Petitioner (Org.Respondent) Vs. Smt.Kanchandevi w/o of late Sardamal Lodha and Ors. ...Respondents (Org. Petitioners) ----- Mr.D.B. Savant for Petitioner ----- CORAM: V.M. KANADE J. DATED: 20th June, 2011 P.C. 1. Review petition is filed for challenging the order passed by this Court dated 28th April, 2011. 2. It is submitted that the said order was passed in the writ petition filed by the Respondent herein. The Respondent had filed an application for restoration of the suit which was dismissed and an ex-parte order was passed. The said application was rejected by the Trial Court which order was confirmed by the Appellate Bench of the Small Causes Court. It is submitted that in paragraph 6 of the said order, this Court has stated that 2 (RPW 53 of 2011) the Respondent-Petitioner therein received the notice which was sent by the Additional Registrar on 16th August, 2001 and it was received to the Petitioner on 1st of September, 2001 i.e. after the date on which the matter was fixed before the Trial Court. 3. The learned counsel for the Petitioner has invited my attention to various letters which have been written by the Respondents herein. It is submitted that from these letters, it could be gathered that the Respondents were aware that the matter was transferred to Court Room No.26. It was, therefore, submitted that the Respondents herein had suppressed this fact from the Court. 4. It is not possible to accept the contentions raised by the learned counsel for the Petitioner. It was always open for the Petitioner to bring this fact to the notice of this Court when the impugned order was passed since it was part of the record of the Trial Court. Therefore, none of these contentions which are raised under Order 47 Rule 1 of CPC are made out for interfering with the impugned order. Hence, review petition cannot be entertained. Review Petition is dismissed. (V.M. KANADE J.)