IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Review Application No. 195 of 2007 In Cross Appeal No. 9341 of 2005 Udaibir Singh & Another ….. Petitioners Versus The Collector, Haridwar ….Respondents ……………………… February 10, 2010 Hon. Prafulla C. Pant, J. Hon. Dharam Veer, J. Sri Lok Pal Singh, Advocate present for the review applicants. Sri J.P. Joshi, C.S.C. present for the opposite party. Heard learned Counsel for the parties. This review application (MCC 195/2007) has been moved on behalf of the appellants for review of the order dated 27.2.2007 passed by this Court in Cross Appeal No. 9341 of 2005, in FA No. 629 of 2001 (Old No. 248/1991). The said First Appeal has already been dismissed for non-prosecution on 30.11.2005. Thereafter the Cross Appeal No. 9341 of 2005 was also dismissed on the ground that it was barred by time. Admittedly, the First Appeal No. 629 of 2001 was filed before the Allahabad High Court in the year 1991, where it was numbered as 248/1991. Notices were issued in the said appeal and Sri Ravi Kant, Advocate appeared on behalf of the respondents, who are the present review applicants before us. After the creation of State of Uttarakhand, the said First Appeal was transferred to this Court, and only in the year 2005, the Cross Appeal No. 9341 of 2005 could be filed by the respondents. The said Cross Appeal was dismissed vide order dated 27.2.2007 (which is now sought to be reviewed) on the ground that under Rule 22 of Order 41 of the Code of Civil Procedure, 1908, the Cross Appeal could only have been filed within one month from the date of the notice of the appeal. But the Cross Appeal was filed years after the service of notice on the respondents, which was dismissed by this Court on 27.2.2007. In the above circumstances, we do not find any sufficient reason to allow the review application. The review application is rejected. (Dharam Veer, J.) (Prafulla C. Pant, J.) 10.2.2010 10.2.2010 Prabodh 2