BANSIDHAR Vs. RATAN LAL

JUDGEMENT

(1.) This is an appeal against the decree passed by the learned Additional District Judge of Aligarh on review of judgment.

(2.) Two points have bean urged before us: 1. that the learned Additional District Judge had no jurisdiction to hear the application for review of judgment; and 2. that the learned Additional District Judge failed to consider the question of limitation that had been raised on behalf of the appellant.

(3.) We need not go into the merits of the case. It appears that Mr. Allsop, as the District Judge of Aligarh, decided a certain appeal on 2 January, 1925. An application for review of the judgment was presented to the same gentleman on 24 July 1928 when ha was still the District Judga of Aligarh. The learned District Judge rightly took cognizance of the application, but subsequently he transferred the case for decision to the Additional District Judge. It appears to us that this was not permissible to the learned District Judge under the provisions of Order 47, Rule 5, Sch. 1, Civil P.C. The language of that rule is imperative and it says: Where a Judge ... who passed the decree ... a review of which is applied for, continues ... attached to the Court at the time when the application for a review is presented ... such Judge ... shall hear the application, and no other Judge ... shall hear the same.