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1957 Supreme(Gau) 27

DATTA
Ningthoujam Mangi Singh – Appellant
Versus
Oinam Ibomcha Singh – Respondent


Advocates:
B.K. Ghosh, for Applicants; R.K. Jhalajit Singh, for Non-Applicants.

ORDER

This is an application for review under O. 47, R. 1, C. P. C., of the order of my learned predecessor dated 29-2-1956 granting a writ of certiorari in Civil Miscellaneous Application No. 38 of 1955.

2. The facts may be briefly stated as such: The non-applicants filed the said Miscellaneous Application No. 38 of 1955 alleging that they had acquired a prescriptive right to graze their cattle on the land in question against the Government, the owner of the land and the orders of the Government de-reserving the land and directing its settlement with the Applicants for the purpose of cultivation was illegal as it affected their right of pasturage over the land which they had acquired by prescription. My learned predecessor accepted this contention of the non-applicants and granted a writ of certiorari quashing the said orders of the Government.

3. The present application has been filed for the review of that order granting a writ of certiorari on grounds of mistake, apparent on the face of the record, discovery of new and important matter and other sufficient cause. The non-applicants oppose it in the first instant on the ground that no application for review is maintainable against







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