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1875 Supreme(Cal) 4

MACPHERSON, O. C. J., BIRCH
Beejoy Gobind Burral – Appellant
Versus
Roy Meghraj – Respondent


JUDGMENT

Macpherson, Offg. C.J.

1. In this case it appears that upon the 15th of September 1873, Baboo Nuffer Chunder Bhutt, the Officiating Additional Subordinate Judge of Moorshedabad, sitting as a Court of Appeal, reversed the decision of the Munsif of Jungipore. On the 30th of May and 1st of June 1874, Baboo Nuffer Chunder Bhutt having ceased to hold the office of Additional Subordinate Judge of Moorshedabad, Baboo Nobo Kumar Banerjee, the Second Subordinate Judge of that district, admitted a review of the judgment of Baboo Nuffer Chunder Bhutt, and, reversing his decision, restored and confirmed the decree of the Munsif of Jungipore. It is objected in special appeal that Baboo Nobo Kumar Banerjee had no power to review the judgment of Baboo Nuffer Chunder Bhutt; that no sufficient reason was shown for his reviewing it; and that his proceedings ought to be set aside. For the respondent it is contended that whether the review was rightly or wrongly admitted, the matter is not one which can be questioned in special appeal.

2. It appears from the judgment of Baboo Nobo Kumar Banerjee that he admitted the review, not upon the ground of the discovery of any new matter or evidence which

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