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Ahmed Abdulla Rubatti Vs. Ahmed Abdulla Dubaee - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Case NumberCivil Revision Application No. 120 of 1936
Judge
Reported inAIR1937Bom180; (1937)39BOMLR110
AppellantAhmed Abdulla Rubatti
RespondentAhmed Abdulla Dubaee
DispositionApplication dismissed
Excerpt:
aden civil and criminal justice regulation (vi of 1933), sections 7 and 15-high court-jurisdiction-order passed by district judge in revision-power of judge to admit new evidence in revision.;under section 7 of the aden civil and criminal justice regulation, 1933, the high court of bombay has the power to revise any case decided by the dis trict judge of aden whether in his original jurisdiction, or in appeal, or in revision, though it would be slow to interfere with the exercise by the district judge of his revisional powers.;the district judge of aden can, in the exercise of his revisional jurisdiction under section 15 of the regulation, in a proper case, admit new evidence. - .....objection was taken that this court has no power to revise an order made by the district judge of aden in revision. but under section 7 of the regulation this court may call for the record of any case which has been decided by the district judge and in which no appeal lies, and may make such order as therein mentioned. it seems to me that that confers upon this court a power of revision where any case has been decided by the district judge whether in his original jurisdiction, or in appeal, or in revision. i think, therefore, that i have the power to hear this application in revision, though i think this court should generally be slow to interfere with the exercise by the district judge of his revisional powers.3. i see no reason in this case to interfere with the order which the.....
Judgment:

John Beaumont, Kt., C.J.

1. In this case the plaintiff sued before the Registrar of the District Court, Aden, for Rs. 28, commission earned. The Registrar decreed the plaintiff's claim. Under Section 15 of the Aden Civil and Criminal Justice Regulation VI of 1933, the District Judge may call for any proceedings before the Registrar at any stage or within thirty days of their termination, and may pass such orders thereon as he thinks fit. The learned District Judge in revision called a witness whose evidence he considered it necessary to hear, and having heard the evidence of that witness, he set aside the Registrar's order, and dismissed the suit. It is obviously rather a dangerous course to admit further evidence in revision, but I am not prepared to say that the District Judge had no jurisdiction to adopt the course which he did, the language of Section 15 being extremely wide.

2. A preliminary objection was taken that this Court has no power to revise an order made by the District Judge of Aden in revision. But under Section 7 of the Regulation this Court may call for the record of any case which has been decided by the District Judge and in which no appeal lies, and may make such order as therein mentioned. It seems to me that that confers upon this Court a power of revision where any case has been decided by the District Judge whether in his original jurisdiction, or in appeal, or in revision. I think, therefore, that I have the power to hear this application in revision, though I think this Court should generally be slow to interfere with the exercise by the District Judge of his revisional powers.

3. I see no reason in this case to interfere with the order which the District Judge made. The application, therefore, must be dismissed with costs.


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