JUDGMENT - 1) A decree passed in favour of one Tukaram and against defendants 2 and 3 was set aside as against defendant No. 3 only under O. 9, R, 13, Civil Procedure Code, by the Civil Judge, Yeotmal. But while setting waside the decree as against defendant No. 3 only, no order was passed as regards the decree as against the other defendants. Defendant No. 2 then made an application under Section 151, C. P. C. and also for review under Order 47, rule 1, to the successor of the Judge Mr. Kolhekar, held that the decree proceeded on the grounds common to defendants 2 and 3 and that it should have been set aside against all the defendants i.e. defendants 2 and 3, under the proviso to Order 9, rule 13, but he held that although the order pased by his predessor was contrary to the proviso, he had no juridication to correc that illegality on a review, because illegality of cause for review under O. 47, R. 1, C. P. C. He therefore rejected the application of defenant No. 2 who has now come in revision.

(2) It is contended for the applicant that the view taken by the lower Court that this was not a good ground for review is wrong. He relies on Hari Sankar v. Anath Nath, AIR 1949 FC 106. He

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