INDERJIT SINGH Vs. SAHU CHHEDA LAL

JUDGEMENT

(1.) This is a revision petition against the order of the Civil Judge, Bijnor dated the 29th of August, 1960 allowing the application for review and ordering the reopening of the case for a fresh hearing and setting aside the earlier judgment and decree dated the 30th August, 1958.

(2.) The short question which arises is whether the Court had jurisdiction to direct in a review application that the whole case be reopened and If it had the jurisdiction whether such jurisdiction was exercised with material irregularity or illegality.

(3.) There cannot be any question, in view of Rule 8 of Order 47 of the C. P. C., that the Court had the jurisdiction to rehear the entire case. Rule 8 reads : "When an application for review is granted, a note thereof shall be made in the register and the Court may at once re-hear the case or make such order in regard to the re-hearing as it thinks fit." The language is couched in the widest possible terms and the matter is left to the discretion of the Court. It is not possible to say that the discretion has not been exercised judicially. The Court no doubt in this case would have been well advised to have given better reasons than merely saying. "The case is being opened and it is better to let the parties have a chance to represent all their case on all points in dispute." The failure to give better reasons would not in my judgment amount to an error in procedure which would justify the Court interfering in revision.