RINKU ALIAS AWADESH SINGH Vs. PALAKDHARI

JUDGEMENT

(1.) N. L. Ganguly, J. This First Appeal from Order is directed against the judgment and order dated 15-1-1994 passed by District Judge, Azamgarh by which the review application filed by the respondents was allowed and original judgment in the civil appeal was set-aside. A note was directed to be made in the register. The appeal was directed to register and as required by Order XLVII, Rule 8, C. P. C, and re-hearing of the whole appeal was directed. Before the court below while hearing of the review application was going on it was brought to the notice of the court that the document by which the land in dispute was said to have been transferred was not a registered document. The said document was treated to be a document conferring title of the land in question. The court while considering the review application was of view that the document which was unregistered, was taken into consideration as a document of title which was an apparent error. No doubt it was argued before the court below that certain other oral evidence was also considered while deciding the original appeal. That itself was sufficient to uphold the judgment passed by the court itself and there was no necessary of reviewing the judgment impugned.

(2.) LEARNED counsel for the appellant placed reliance on the decision in AIR 1980 SC 674 - M/s. Northern India Caterers (India) Ltd. v. Lt. Governor of Delhi, and others decision reported in AIR 1977 Allahabad, 163 - Bhagwati v. Deputy Director of Consolidation. It is submitted that in case of legal error in the judgment the review is not a remedy. The aggrieved party should have gone before the higher Court in appeal The learned counsel for the appellant has not appreciated the observations made by the Hon'ble Supreme Court in the Judgment (supra ). Thus the principle of law as enunciated by the Hon'ble Supreme Court is that it is for the court to re-open its judgment if a maifest error is seen to have been done and it is necessary to pass an order to do needful and effective justice.