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1976 Supreme(Ker) 39

P.GOVINDA NAIR, P.NARAYANA PILLAI, P.SUBRAMONIAN POTI
THRESIA – Appellant
Versus
XAVIER – Respondent


Judgment :-

1. This is an application for permission to file as pauper an original petition under Art.226 of the Constitution. Court-fee payable on the Original Petition is only Rs. 25/-. A. V. Balan v. District Collector. Trichur 1972 KLT. 588 is a Division Bench decision where this court refused to apply to a proceeding under Art.226 the provisions of Order XXXIII of the CPC. enabling institution of suits by paupers. Abdul Kareem v. District Medical Officer 1974 KLT. 21 and Devassy Manjooran v. Registrar 1975KLT. 348 are two Division Bench decisions of this Court where review provided for in Order XLVII and withdrawal of suit provided for in Order XXIII of the CPC. were extended to proceedings under Art.226 on the basis of S.141 of the CPC. Apart from the provisions of Order XLVII of the CPC. as held by the Supreme Court in Shivdeo Singh and others v. State of Punjab and others AIR. 1963 SC. 1909 power of review inheres in every court of plenary jurisdiction to prevent miscarriage of justice and to correct grave and palpable errors committed by it and there is nothing in Art.226 of the Constitution to preclude courts from exercising that power. In Babubhai Muljibhai Patel v. Nand

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