SAILABALA DEI Vs. GADAHAR HAZRA

JUDGEMENT

(1.) This was a Rule calling upon the opposite party to show cause why the judgment of this Court, dated the 19 of July 1921, should not be reviewed as prayed. The Judgment of this Court of the 19 of July was a Judgment of my learned brother and myself whereby the appeal was dismissed under Order XLI, Rule 11 of the Civil P. C..

(2.) The plaintiff failed in the First Court and in the lower Appellate Court. He then appealed by way of special appeal to this Court and after hearing the appeal my learned brother and I dismissed it, as I have already said. Then an application for review was made on the ground that, after the dismissal of the appeal under Order XLI, Rule 11 of the Civil P. C., a document was discovered by the plaintiff, which document, he said, could not have been discovered earlier by the exercise of reasonable diligence, that it was an important document and, as was alleged in the petition, it would throw light upon the case. We granted him a Rule for the purpose of having this point argued.

(3.) Now that our attention has been drawn to the cases which have been decided by this Court, in my judgment this Rule must be discharged.