S.o. Krishna Aiyar v. S.v. Narayanan Alias S.v. Doraiswami And Others

S.o. Krishna Aiyar v. S.v. Narayanan Alias S.v. Doraiswami And Others

(High Court Of Judicature At Madras)

Civil Revision Petition No. 532 Of 1949 | 21-09-1950

(Prayer: Petition (disposed of on 21-9-1950) under S. 25 of Act IX of 1887 praying the High Court to revise the order dated 3-11-1948 of the Court of Small Causes, Coimbatore in I.A. No. 280 of 1948 in S.C.S. No. 191 of 1948.)

What the learned Judge has really done is to write a second judgment reversing his first because on fuller argument and further consideration he thought that the view he had first taken was wrong. This is clearly not a purpose for which O. 47(1) is intended. This petition is allowed with costs and the proceedings of the Court below under the power of review which it supposed it had are set aside.

Advocate List
Bench
  • HON'BLE MR. JUSTICE BALAKRISHNA AYYAR
Eq Citations
  • (1951) 1 MLJ 187
  • AIR 1951 MAD 660
  • LQ/MadHC/1950/274
Head Note

Civil Procedure Code, 1908 — Or. 47 R. 1 (relating to review) — Review of, when not permissible — Review of, when permissible — Held, review is not permissible to write a second judgment reversing the first one — Words and Phrases — “Review” — Meaning of — Small Causes Courts Act, 1882, S. 25