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Bhabasindhu Haldar and anr. Vs. Kesab Chandra Haldar and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in40Ind.Cas.463
AppellantBhabasindhu Haldar and anr.
RespondentKesab Chandra Haldar and ors.
Excerpt:
civil procedure code (act v of 1908), section 115 - review--discretion of subordinate court--revision--high court, power of. - 1. this is a rule calling on the opposite party to show cause why the order of the learned judge of the court below declining to review his judgment should not be set aside. the judge in the court below had all the materials before him, he said that the judgment he delivered was all right and he saw no reason to interfere with it and, therefore, declined to grant a review. we cannot interfere with the discretion of a judge as to whether he should or should not review his judgment. the argument that has been put forward that the application is made not against the order of the learned judge on the review but against the original order cannot be assented to for one moment. as a matter of fact, the judge in the original judgment said that the plaintiffs were in serious default......
Judgment:

1. This is a Rule calling on the opposite party to show cause why the order of the learned Judge of the Court below declining to review his judgment should not be set aside. The Judge in the Court below had all the materials before him, He said that the judgment he delivered was all right and he saw no reason to interfere with it and, therefore, declined to grant a review. We cannot interfere with the discretion of a Judge as to whether he should or should not review his judgment. The argument that has been put forward that the application is made not against the order of the learned Judge on the review but against the original order cannot be assented to for one moment. As a matter of fact, the Judge in the original judgment said that the plaintiffs were in serious default. Notwithstanding that they were given time to rectify the default; but they did not do so. The Judge having considered these matters said that he declined to review his judgment. We see no reason to interfere with the judgment of the learned Judge. The Rule is, therefore, discharged. We make no order as to costs.


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