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1954 Supreme(All) 97

BRIJ MOHAN LALL
Brij Mohan Dixit – Appellant
Versus
Gobardhan – Respondent


Advocates:
Bishambhar Nath Misra, for Applicant; Gopalji Mehrotra, for Opposite Parties.

ORDER : - This is an application in revision by one Pandit Brij Mohan Dixit against an order passed by the learned District Judge of Banaras rejecting his application for review of judgment. The reason given by the learned Judge for throwing out the review application is that it was presented to the Munsarim and not to him (the Judge).

2. It is contended by the learned counsel for the applicant that it was not obligatory on the part of the applicant to present the petition for review to the Judge personally and that presentation to the Munsarim of the Court amounted to a substantial compliance with law. I have, therefore, to examine how far presentation to Munsarim is permitted by law.

3. Order 47, R.1, Civil P.C., lays down that in certain given circumstances and on grounds specified in the said rule any person considering himself aggrieved by a decree or order of a Court may apply for a review of judgment "to the Court which passed the decree or made the order."

Rule 2 imposes further restrictions on the right of presentation of such petitions and lays down that except in certain given circumstances the application for review must be presented to the very Judge who passed the order












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