BEHARI LAL Vs. MMGOBARDHAN LAL

JUDGEMENT

(1.) The question referred to the Full Bench is whether the filing of an appeal subsequent to the filing of an application for review makes the hearing of the review application incompetent.

(2.) Section 114, Civil P.C., gives the right to apply for review, and is: Subject as aforesaid, any person considering himself aggrieved: (a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred, (b) by a decree or order from which no appeal is allowed by this Code, or (c) by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.

(3.) Order 47 deals with the procedure with respect to the disposal of such applications for review. Rule 1 of this Order, however, mentions in Sub-rule (1) not only the grounds on which an application for review of judgment can be filed, but also the decree or orders against which such an application can be filed by a person considering himself aggrieved by the decree or order. Sub-rule (2) of Rule 1 of this Order mentions the special circumstances in which a person who has not appealed may apply for review of judgment even after an appeal has been filed by any other party. Its proper place should have been in Section 114. Rule 1 mentions the decrees and orders against which a review application can be filed, presumably on account of its being a reproduction of Section 623 of the earlier Civil P. C., Act 14[xiv] of 1882.