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1942 Supreme(Nagpur) 146

VIVIAN BOSE
RAJESHWAR VISHWANATH MAMIDWAR – Appellant
Versus
DASHRATH NARAYAN CHILWELKAR – Respondent


JUDGMENT

Vivian Bose, J—This order refers to civil Revn. No. 715 of 1940 and Civil Revn. No. 152 of 1941. I think they are suitable cases to refer to a Bench of two or more Judges, (a Full Bench case is also involved) as my Lord the Chief Justice may direct, to enable the much debated question about the High Court's powers in Small Cause Court revisions to be authoritatively decided. Similar difficulties arise under Section 75, Provincial Insplvency Act, where the same phrase ''according to law'' is used. The two cases are substantial ones so far as Small Cause Court revisions go. The value in one is Rs. 400 and in the other Rs. 695. Also, one of them in particular, namely, civil Revision No. 715 of 1940, is to my mind suitable from another angle as well because, though I do not decide that at the moment as the whole question is whether I have power to go into the matter at all, the law appears to be all on one side while ''justice'' seems prima facie to be on the other. I say 'seems' advisedly because Judgea differ about the justice of the law of limitation. As to the position in revision generally, Judges take such widely differing views about their powers that it has become excee


















































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