THAKUR SHANKAR BUKSH Vs. BALWANT SINGH

JUDGEMENT

(1.) MR . Cowell, their Lordships wish to express in this case a regret that the learned judge who granted the review should not have put his reasons on record as required by Section 626 of the Code. They think it a matter of importance in the administration of the proceedings of the Court, and it ought to have been done. But their Lordships cannot think it a matter affecting the admission of the appeal in such a way as to induce them, to advise her Majesty to grant an appeal on that ground. It is rather a direction to the judge how to act when he has decided to grant the application than a condition of granting it. In other respects the case seems to be quite an ordinary dispute between the parties on matters of fact, matters of measurements, payments of revenue, and inferences from them; and as it is under value, the rule is that the final Court of Appeal in India should not be interfered with in its judgment. Their Lordships see no reason for taking it out of the ordinary rule that the judgment of the Appellate Court must be final.