BHANIRAM RATHI Vs. AMBICA CHARAN HAZRA

JUDGEMENT

(1.) The facts of the case out of which this appeal arises are these : Defendant No. 1 brought a suit in the Small Cause Court against Defendants Nos. 2 to 6. He applied for attachment before judgment and the properties now in suit were attached. The Defendant No. 1 proceeded to sell the properties in suit in execution of the decree he obtained in his suit.

(2.) The plaintiff in this suit tendered a claim which was disallowed and hence this suit for declaration of title and recovery of possession. The defence seems to have been that the sale to the plaintiff was a sham transaction. The Court of first instance decreed the plaintiff's suit in full on the 4 March 1919. An application for review of judgment was then made. The basis of the application was that plaintiff was a man of straw which fact the defendant had tried to prove in the trial. He had now discovered some new and important evidence which he could not have discovered during or before the trial. This application was heard by another Judge Mr. Upendra Nath Biswas and he allowed the application for review of judgment on the 9th December 1919.

(3.) He then re-heard the case and once more the suit was decreed. The Defendant No. 1 appealed to the District Court. The main contention in that Court seems to have been that the Court on review was bound to re-open the whole case. Further that the Court hearing the case after review had been granted was bound to admit other evidence besides that on which the review had been granted. The District Court rejected the appeal and Defendant No. 1 has appealed to this Court.