r.h WV ”w w» MW r w HIGH COURT OF CHHATTISGARH AT BILASPUR Single Bench : Hon’ble Shri Dilip Raosaheb Deshmukh, J. Review Petition No.10 of 2009 Applicant/Appellant : Kailash Kumar Sahu, S/o B.R.Sahu, Non-Applicant No.2 age 4O years, Caste 'TELI’ resident of Village Daspur; Police station & Tahsil Kanker, district Kanker (C.G.) ‘OWNER’ Versus Non-Applicants] 1‘ Mannu Ram, S/o Kunda Singh Respondents/Applicants Netam, age 32 years; Caste Gond: resident of Village Tangpani; Police Station Sihava; Tahsil Nagri, District Dhamtari (C.G.) 2. Birendra Kumar Sahu, S/o lshwar Lal Sahu; age 22 years; Caste ‘TELI' resident of Village Daspur, Tahsil Kanker; District Kanker (C‘G.). Non—applicant 3. National Insurance Company Limited, Upper portion to Central Bank, near R.M.S. Office, Jagdalpur, District Bastar (C.G.) Application under Section 114 of the Code of Civil Procedure, 1908 Present : Shri R.N.Jha, counsel for the applicant. ORAL ORDER (Passed on 13m February, 2009) Heard Shri R.N.Jha, learned counsel for the applicant in chamber on the petition for review of the order dated 06.01 .2009. 2‘ The fact that on the date of dismissal of the appeal on 11.1 1 .2008, it was not even registered has escaped notice of this Court. Since the appellant had been granted opportunities to make the statutory deposit, the withdrawal of the appeal which was not registered would not provide a bar for filing a fresh appeal after making the statutory deposit. 3. The contention of the learned counsel for the applicant that he had instructed his junior to request for withdrawal of the appeal (M.A.(C) No.877/2008) with liberty to institute a fresh appeal after deposit of the statutory amount is also piausibie because the appellant wouid not have , In this View of the matter, the order dated 06.01.2009 passed by this Court deserves to be recalled. 4. Review petition under Section 114 of the Code of Civil Procedure is allowed and the order dated 06.01.2009 is recalled. M.A.(C).No. 1679 of gained by withdrawing the appeal unconditionally. 2008 be now listed after 4 weeks. Sd-/ Dilip Raosaheb Deshmukh Judge