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1866 Supreme(Cal) 36

Bani Madhab Ghose – Appellant
Versus
Ganga Gobind Mandal BR Nasiruddin Khan @APPELLANT – Respondent


JUDGMENT

Sir Barnes Peacock, Kt., C.J. - The question which has been submitted for the opinion of a Full Bench is whether an application for the review of an order rejecting a previous application for review can be entertained by the Court, or whether the order made upon the first application for rejecting the review is final and binding upon the Court which formerly rejected it. The answer depends upon the proper construction to be put on Act VIII of 1859, s. 376, and the other sections of Chapter XI. The question, although it arises upon an order for rejecting a review, must also be considered in other points of view, because, whatever is the proper construction of s. 378 with reference to an order for rejection, appears also to be the proper construction with reference to an order for admitting a review, and to a judgment given after such admission. The words are"and its order in either case, whether for rejecting the application or granting the review, shall be final." The words "shall be final" apply not only to an order for rejection, but also to an order for granting the application. I will therefore consider the case in four different points of view. 1st.--When an applicatio

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