LAWS(GAU)-1961-1-11

RASUNUDDIN MIA Vs. RAISAHEB DR. HENN CHANDRA DAS

Decided On January 27, 1961
Rasunuddin Mia Appellant
V/S
Raisaheb Dr. Henn Chandra Das Respondents

JUDGEMENT

(1.) THIS is a petition for revision under Section 115 , Civil Procedure Code challenging the decree passed by the Additional District Judge, Nowgong dated 21st July 1960 upholding the order of the learned Subordinate Judge, Nowgong Sri D. Chaudhury dated 14 -7 -59, allowing the review of a decree passed by him in Money Appeal No. 6/56 on 26th September 1958.

(2.) THE short facts are that the plaintiff Hat Saheb Dr. Hem Chandra Das instituted Money Suit No, 108/55 against the defendant petitioner which was decreed by the Munsiff, Tezpur for Rs. 842/ - but on an appeal by the defendant the decretal amount was reduced by the Subordinate Judge, Nowgong to Rs. 342/ - and he rejected the claim for a sum of Rs. 500/ - which he considered to be paid by one of the defendants to the plaintiff. The plaintiff respondent then made an application for review of the appellate court judgment to the Subordinate Judge who disposed of the money appeal praying that the decree in the suit may be modified and the trial court's decree restored in the light of the facts stated in the petition.

(3.) IN the review petition as many as twelve grounds were taken for review though as a matter of fact in my opinion, there was no ground which could invoke the jurisdiction of the court under Order 47, Rule 1, Civil Procedure Code which was pertinent. The learned Subordinate Judge took note of two grounds, namely ground Nos. 8 and 12 set out in that petition and they were as follows: