F G DAVIDSON Vs. MOHANLAL SINDHI

JUDGEMENT

(1.) This is a revision against the order of the Second Additional Munsif, Kanpur dated the 13th October 1961 reviewing the order of his predecessor and recalling the order dated the 29th of July 1961 passed by his' predecessor.

(2.) The main ground of revision is that the learned Additional Munsif exceeded his jurisdiction inasmuch as he sat on the judgment of his predecessor in appeal and reversed the order purporting to do so by exercising his powers under Order XLVII Rule 1 of the C. F. C.

(3.) A cursory perusal of the order passed in review shows that the learned Judge ignored the provisions of Order XLVII Rule 1 and decided the matter as if it was an appeal before him. A review under Order XLVII Rule 1 can only lie ii one of the grounds mentioned therein is made out. There must be the discovery of new and important matter of evidence which after the exercise of due diligence was not within the knowledge or could not be produced at the time when the order was made or on account of some mistake or error apparent on the face of the record or for any other sufficient reason, which must be analogous to the first two grounds. In the present case the order shows that there was no error apparent on the face of the record and the Judge was constrained to go elaborately into the evidence in the case.