High CourtsSingle Bench(1924) 02 MAD CK 0079

Kolachina Venkata Seetharamayya and Others vs Veena Tulasibabu and Others

Madras High Court · Decided on 11 February 1924 · Citation: 83 Ind. Cas. 548 : (1924) 19 LW 649

HON’BLE JUDGES
Venkatasubba Rao, J

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Judgment

9 paragraphs · 220 words

Venkatasubba Rao, J.—The learned Subordinate Judge granted the application for review either on the ground that there was a mistake

apparent on the face of the record or on the ground that there was ""other sufficient reason"" under Order XLVII, Rule 1. An appeal against an

order grantingreviewmay be challenged only on one of the grounds specified in Order XLVII, Rule 7. No such grounds exist in the present case

and can be urged in this appeal. Then the question arises, as this is a final appeal from the decree itself, can the decision be challenged on grounds

other than those. contained in Rule 7? If the grounds relate to the granting of the review, in my opinion, the grounds must be those that are set out

in Rule 7 [see Baroda Churn Ghose v. Gobind Proshad Tewary 22 C.P 984 : 11 Ind. Dec. (N.S.) 653 Munni Ram Chowdhry v. Bishen Perkash

Narain Singh 24 C.P 878 : 12 Ind. Dec. (N.S.) 1254 and Gopala Aiyar v. Ramasami Sastrial 31 M.P 49 : 17 M.L.J. 603 : 2 M.L.T. 519 This will

not preclude the appellants from arguing the second appeal on its merits. It has not been shown that the decision on the merits is wrong. In the

result, the second appeal fails and is dismissed with costs.