RUGHNATH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal against the order of the Jagir Commissioner dated 9. 4. 1963 whereby the appellant's application for the review of an order passed on an earlier review was rejected. The facts are that the final award with regard to the resumed jagir of the appellant was made on 21. 5. 1960. THIS final award was reviewed sua moto and modified with regard to the element of rental income. Against the order so passed on a review, the appellant brought an application for a further review for modifying the final award. THIS application was rejected by the learned Jagir Commissioner on the ground that it was barred by Order 47, R. 9 of the Code of Civil Procedure.

(2.) THE learned counsel for the appellant has sought to argue that his appeal against the impugned order of the Jagir Commissioner is tenable,but we find no provision for this in the law. Sec. 40-A of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 makes the provisions of O. 47 of the Code of Civil Procedure applicable to proceedings under that Act. Rule 9 of Order 47 quite unambiguously says that no application to review an order made on a review shall be entertained. In view of this provision the learned Jagir Commissioner had no option but to reject the application made by the appellant. We, therefore, reject this appeal as being altogether devoid of force. .