NANDAN DURAI Vs. FRANCIS RATTISBONNE

JUDGEMENT

(1.) This appeal is directed against an order permitting review of judgment and decree made in first appeal. The judgment in the appeal was delivered on 27-4-1983 and the application for review was presented on 30-11-1983. There is no question of limitation as under the provisions of the Pondicherry Limitation Act it is admittedly in time.

(2.) The ground on which review was sought was that the appellate Court in the course of its judgment had referred to the circumstance that the prior title deed of the respondent herein dated 20-11-1956 was not produced before Court, and that in spite of the best efforts made by the respondent herein the document could not be obtained when the proceedings were pending before the trial Court and the appellate Court. On that ground the document was produced before the Court along with the application for review and review was sought as according to the respondent, his title was proved by the said document.

(3.) The lower appellate Court thought fit to grant review as the document, the non-production of which was commented upon by the Judge, was produced before it and proceeded whether the document would prove the title of the respondent. Taking the view that the document proves the title, the appellate Court reviewed the judgment made earlier and held that the respondent herein was entitled to a decree as prayed for by him.