JUDGMENT
NYARANGI JA
This appeal arises out of a ruling of the High Court, Nyeri, (JS Patel, AG J, as he then was) dismissing the appellants’ application for an order to review that court’s order, made on June 21, 1983 by v. V Patel, J, by the consent of the parties that the respondent as defendant do transfer 0.75 acres to each appellant from a parcel of land known as Aguthi/Gathaithi/228. The appellants sought an order that the material parcel of land comprising 4.5 acres be subdivided into three portions so that the respondent would have 1.6 acres and each of the appellants would get 1.45 acres. The main ground which was advanced by the appellants for the application for a review under order XLIV rule 1 of the Civil Procedure Rules was that the respondent had falsely sated to the court that the acreage was 3.1 acres because when the surveyor went to the land and surveyed it, the land was found to be of 4.5 acres. In other words, the appellants were urguing that notwithstanding the c…