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Vellaya Vs. Jaganatha - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1883)ILR7Mad307
AppellantVellaya
RespondentJaganatha
Excerpt:
civil procedure code, section 623 - review of judgment--limitation act, schedule ii, article 179--step in aid of execution of decree. - - but upon the other point we consider that, while the discovery of a fresh authority may not entitle a party to a review of judgment, yet, when a judge is satisfied that his judgment has proceeded upon an erroneous view of the law, the words of section 623 of the civil procedure code are wide enough to allow him to review his judgment, and to decide according to law.kindersley, j.1. if when the postage stamps were put in, an application was made to take some step in aid of execution, this would be sufficient to give a new period of limitation, and the subsequent application would be within the time allowed. but upon the other point we consider that, while the discovery of a fresh authority may not entitle a party to a review of judgment, yet, when a judge is satisfied that his judgment has proceeded upon an erroneous view of the law, the words of section 623 of the civil procedure code are wide enough to allow him to review his judgment, and to decide according to law.2. we dismiss this petition with costs.
Judgment:

Kindersley, J.

1. If when the postage stamps were put in, an application was made to take some step in aid of execution, this would be sufficient to give a new period of limitation, and the subsequent application would be within the time allowed. But upon the other point we consider that, while the discovery of a fresh authority may not entitle a party to a review of judgment, yet, when a Judge is satisfied that his judgment has proceeded upon an erroneous view of the law, the words of Section 623 of the Civil Procedure Code are wide enough to allow him to review his judgment, and to decide according to law.

2. We dismiss this petition with costs.


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