IFTIKHAR AHMAD Vs. BHARAT KUMAR

JUDGEMENT

(1.) THIS is an application by the appellant Htikhar Ahmad and others under Order 47, Rule 1 of the Civil Procedure Code for review of our order dated 4th of October 1955 whereby they were directed to pay ad valorem court-fee within fifteen days time.

(2.) LEARNED counsel for the petitioners has urged that his clients do not contest the amount of the decree, but they are simply contesting their personal liability to pay the decretal amount, that the appeal is therefore governed by Schedule II, Article 17 and not by Schedule I, Article 1 of the Court-fees Act.

(3.) WE have given due consideration to the above noted argument. It may be observed that in the first instance, the review application is incompetent because it is not covered by Order 47, Rule 1. An application under this rule can be made only if there is a discovery of new and important matter or evidence which, after the exercise of due diligence, was not within the knowledge of the petitioner or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on the face of the record or if there is some other sufficient reason. It is obvious that the petitioner has not alleged any discovery of any new and important matter or evidence. All that he wants to say is that the view which we have taken is incorrect because a different view has been taken by some other high Courts. It may be observed that simply because a different view on a question of law is taken by another High Court, it cannot be said that it is a mistake apparent on the face of the record.