BRITISH EQUITABLE ASSURANCE COMPANY LIMITED Vs. RAJARAM

JUDGEMENT

(1.) 1. This is an application for review of my order in Civil Revision No. 295 of 1927. In my order of 15th December 1927 I held that the only matter on which notice should issue to the non-applicant was with regard to the question of where cause of action arose : vide grounds 1 and 2 of the application for review.

(2.) ON the present application coming on for hearing the non-applicant raised a preliminary objection, on the strength of the decision of their Lordships of the Privy Council in Chhajju Ram v. Neki Ram A.I.R. 1922 P.C. 112, cf. also ramahandra v. Govindrao A.I.R. 1925 Nag. 266, that the present application for review did not lie. I do not think, however, that the question here in the present review, on the applicant's case, is so much of the Court having taken a wrong view, of, or having misinterpreted the law, as of its not having applied the apposite law at all, and, in those circumstances, I think the application for review prima facie lies.

(3.) I am of opinion, therefore, that the suit is entertainable in the Nagpur Courts and the present application for review fails and is dismissed. The applicant must bear the non-applicant's costs. I fix Rs. 25 as pleader's fees.