ANANTHARAJU SHETTY Vs. APPU HEGADE

JUDGEMENT

(1.) The only question we have to decide is whether a District Jude can at the instance of a party review an order passed by him under Section 10 of Act XX of 1863.

(2.) The Act contains no explicit provision for a review and petitioner has accordingly supported his claim to one with reference to (1) the Code of Civil Procedure (2) the inherent power of the Court.

(3.) As regards the Code there is nothing in the Act to apply its provisions and they can be applicable, if at all, only with reference to Section 141 of the Code itself. That section however does no nore than provide for the procedure to be adopted by Courts of civil jurisdiction in dealing with matters before them. It does not authorize an appeal, since that would not be a mere matter of procedure, but the recognition of substantive right, which must be conferred in explicit terms. Damodara Menon v. Kittappa Menon (1911) I.L.R. 36 Mad. 16 : 21 M.L.J. 613. And similarly it confers no right to a review. For we have not been shown how the one right stands on a different footing from the other.