Raghu Singh vs Krishna Deyal Gir

Dawson Miller, C.J.—His Lordship recited facts and observed:

It seems to me that the ground alleged is not one which comes within the purview of Order 47, Rule 1. The only ground upon which a review can be obtained according to Order 47 is the discovery of new and important matter or evidence which, after the exercise of due diligence, is not within the applicant''s knowledge or could not be produced by him at the time when the decree was passed or the order made, or some mistake or error apparent on the face of the record or for any other sufficient reason, It has been decided by the Judicial Committee in the case of Chhajju Ram v. Neki (1922) P.C. 112 that the words any other sufficient reason "in that order mean a reason sufficient on grounds at least analogous to those specified immediately previously. It follows from that that these words" any other sufficient reason "are not of a wide and general application so as to give the Court a discretion in such cases whether to allow a review or not. The reason there indicated must be some reason analogous to the two grounds of review mentioned immediately before. It seems to me that the mere fact that a Judge has not in terms referred to certain of the evidence in favour of one party or the other is not a sufficient reason entitling that party to come before the Court subsequently and seek to have a review of that judgment. It is undoubtedly a matter which might be urged in appeal, if any appeal were permissible on questions of fact; but I think it would be stretching the language of the order too far to say that the mere fact that certain evidence has not been specifically mentioned in the judgment is a good reason within Order 47, Rule 1, for granting a review.

In my opinion this appeal must succeed, the order of the learned Subordinate Judge of the 20th of May, 1922, will be set aside and the decree which is reversed will be restored.

The appellant is entitled to his costs from the respondent, Mahant Krishna Deyal Gir, who has appeared.

Kulwant Sahay, J.

I agree.