RAM SINGH Vs. MADHO SINGH

JUDGEMENT

(1.) THIS application of review against an order of the Revenue Department dated 30-9 53 which was pending before the Revenue Minister had been sent to us for disposal under sec. 4(d) of the Rajasthan Jagir Decisions and Proceedings (Validation) Act, 1955.

(2.) A preliminary objection has been raised by the learned counsel for the opposite party about the maintainability of this review on the ground that the Alwar Jagir Rules, 1939 do not contain any statutory provision for entertaining an application of review in such matters. In support of this the learned counsel for the applicant referred to 1951 R.L.W. page 290 wherein it was held that in the absence of any statutory provision for presenting a review application and apart from correcting clerical mistakes or errors arising from and accidental slip or omission there is no inherent power in a court to review a final decision given on merits inter party. The learned counsel for the opposite party however drew our attention to Rule 30 of the Rules referred to above which reads as below : - "In all matters not specially provided for in these rules all jagirs and jagirdars shall be subject to general rules and regulations of the Alwar State." He urged that this section clearly laid down that in the absence of any provision in the said rules about review etc. the provisions of C.P.C. as contained in order 47 Rule 1 and sec. 151 should apply. We are unable to subscribe to this view. The Alwar Jagir Rules, 1939 provided a self-contained substantive law for the disposal of matters relating to the rights and liabilities of the jagirdars It also lays down the procedure to be followed in dealing with such matters. Rule 30 simply means that if these rules are silent on any procedural matter, the subordinate courts could refer to other rules and regulations in force in the then State for purposes of guidance.