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1960 Supreme(All) 219

J. D. SHARMA, O. H. MOOTHAM, B. MUKERJI, A. P. SRIVASTAVA, KAILASH PRASAD
JWALA PRASAD – Appellant
Versus
JWALA BANK LTD. (IN LIQUIDATION) – Respondent


Advocates Appeared:
B.L.Gupta, BALESHWAR PRASAD, C.B.L.SAXENA, I.B.BANERJI, JAGDISH SVARUP

MOOTHAM, CJ.

( 1 ) IN the course of the winding up of the respondent bank the appellant submitted a claim for a very substantial sum of money. The official Liquidator rejected the major part of the claim and the appellant appealed to the Company Judge. The Company Judge dismissed the appeal subject to certain minor adjustments. Against the order of the Company Judge the appellant filed a special appeal which was allowed in part by a Division Bench by a judgment dated the 14th march, 1957. " the Official Liquidator filed an application for a review of that judgment, but the Bench considered itself precluded as undoubtedly it was, from entertaining the application in view of the Full Bench decision of this Court in Mt. Abhilakhi v. Sada Nand. ILR 53 All 535: AIR 1931 all 244. The Bench however entertained a doubt as to whether Abhilakhis case ILR 53 All 535 : air 1931 All 244 (FB) has been rightly decided, and as the matter was one of considerable importance it has referred to rhis Bench two questions: first, whether a decision given by the court in a special appeal is open to review, and, secondly, whether the Court can rectify a mistake in its judgment so as to alter its decision b




















































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