IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION REVIEW APPLICATION NO.02 OF 2008 IN FIRST APPEAL NO.105 OF 2006 United India Insurance Co.Ltd. .. Review Applicants Vs. Smt.Mumtaz Manzoor Sagari & Ors. .. Respondents Mr.N.M.Godbole for the Review Applicants. Mr.P.D.Dalvi for Respondent Nos.1 to 4. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE : 15th July 2008. P.C.: . Heard the learned counsel appearing for the review petitioner and learned counsel appearing for respondent Nos.1 to 4. The review petitioner has sought review of the order dated 10th March 2006 passed by this Court by which First Appeal preferred by the review petitioner under section 173 of the Motor Vehicles Act, 1988 has been dismissed on the ground that the same is not maintainable. 2. The review petitioner had not taken any defence covered by section 149(2) of the said Act of 1988. When the First Appeal was argued, the review petitioner did not produce order of the Tribunal granting a leave under section 170 of the said Act of 1988. In view of the settled law, the appeal could not have been entertained unless it was established that the leave was granted. The review of the order dismissing the appeal is sought : 2 : on the ground that infact the leave was granted by the Tribunal under section 170 of the said Act of 1988. A certified copy of application made for grant of leave and order passed thereon has been annexed to the review petition. 3. The appeal has been dismissed only on the ground that a leave under section 170 of the said Act of 1988 was not granted in favour of the review petitioner/appellant. Now it is pointed out that the leave was infact granted by the Tribunal on application dated 21st July 2004 made by the review petitioner. Thus, there is an error apparent on the face of the record requiring exercise of jurisdiction under Order XLVII of the Code of Civil Procedure, 1908. 4. Hence, I pass the following order: (i) The review petition is allowed. (ii) The judgment and order dated 10th March 2006 passed in First Appeal No.105 of 2006 is hereby recalled. (iii) The First Appeal shall be placed for admission before the appropriate Court. : 3 : (A.S.Oka,J)