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Thakoor Purshad Vs. Hurbans Sahye and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1883)ILR9Cal209
AppellantThakoor Purshad
RespondentHurbans Sahye and ors.
Cases ReferredBhugwundeen Doobey v. Myna Baee
Excerpt:
civil procedure code (act x of 1877), section 630 - review of judgment--review granted on particular ground--discretion of court as to rehearing. - .....point that seems to us fit. the observation of the judicial committee in bhugwandeen doobey v. myna baee 11 moore's i.a. 499 supports this view. as we have re-heard the case with reference to the question of share, i am of opinion that we are in a position to make the final decree without another hearing. our decree, therefore, should be altered as directed above. the petitioners are entitled to recover costs of this hearing, which i would assess at rs. 200.maclean, j.2. i find with regret that i am of a different opinion from my learned and more experienced colleague upon one of the points raised in this application,-namely, the first point discussed in the judgment just read.3. on this question however, our former decision must stand for the present under section 628 of the code.4......
Judgment:

Mitter, J.

1. It has been contended that, if the review be granted on a particular ground, we are bound to re-hear the whole case under Section 630 of the Code of Civil Procedure; but the words 'or make such order in regard to the re-hearing as it thinks fit,' in the section in question, leave it to our discretion either to re-hear the whole case or any particular point that seems to us fit. The observation of the Judicial Committee in Bhugwandeen Doobey v. Myna Baee 11 Moore's I.A. 499 supports this view. As we have re-heard the case with reference to the question of share, I am of opinion that we are in a position to make the final decree without another hearing. Our decree, therefore, should be altered as directed above. The petitioners are entitled to recover costs of this hearing, which I would assess at Rs. 200.

Maclean, J.

2. I find with regret that I am of a different opinion from my learned and more experienced colleague upon one of the points raised in this application,-namely, the first point discussed in the judgment just read.

3. On this question however, our former decision must stand for the present under Section 628 of the Code.

4. On the other questions I do not differ from my colleague, and I think that we are not precluded from dealing with the case in part or as a whole by anything in Section 630, it being within our discretion to define the extent to which the review should be carried; see Bhugwundeen Doobey v. Myna Baee 11 Moore's I.A. 499.


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