Decided on May 09,1952

RUGHNATH Appellant
CHHOTU Respondents


H.D. Ujjwal - (1.)- This is an application for re-hearing of the application presented by the petitioner under sec. 10 (2) of the Rajasthan (Protection of Tenants) Ordinance, 1949 which had been disposed of by this Court on 1.2.1952.
(2.)THE application provided under sec. 10 (2) of the Ordinance is of the nature of a revision application and the Board of Revenue may on such application made to it call for record of any case disposed of by the S.D.O. or other officer of equal status and may pass such orders thereon as may appear to the Board as just and expedient. THEre is no provision for hearing of the petitioner in such applications though ordinarily an applicant is always heard before disposing of such an application. In this case also an opportunity was given to the applicant for hearing but he did not appear on that date and the court did not consider it necessary to adjourn the case for hearing him and after going through the record disposed of the application on merits. When once this court has, after going through the record, disposed of the application on merits there is no provisions in law for restoring the application thus disposed of and the provisions for hearing of appeal do not apply to such an application.
If the Board had not gone through the record and disposed of the application on merits and had simply dismissed it due to default of the applicant the case would have been different and the court would have been prepared to hear the applicant and go through the record, if it thought fit. But in this case the court had already examined the record and passed such order as it considered fit. Therefore, the matter cannot be re-opened. The application is, therefore, hereby rejected.

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