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Vellaya Vs. Jaganatha

Vellaya vs Jaganatha

Type Court Judgment Court Chennai Decided Dec 04, 1883
~1 min read
https://sooperkanoon.com/case/789407

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Citation
Court
Chennai
Judge
Decided On
Subject
Civil

Case Summary

AI-generated summary - not the official court judgment text.

Civil Procedure Code, Section 623 - Review of judgment--Limitation Act, Schedule II, Article 179--Step in aid of execution of decree. - - But upon the other point we consider that, while the discovery of a fresh authority may not entitle a party to a review of judgment, yet, when a Judge is satisfied that his judg...

Key legal issue
Civil

Parties & Advocates

Appellant / Petitioner

Vellaya

Respondent

Jaganatha

Legal References

Reported In
(1883)ILR7Mad307

Excerpt

civil procedure code, section 623 - review of judgment--limitation act, schedule ii, article 179--step in aid of execution of decree. - - but upon the other point we consider that, while the discovery of a fresh authority may not entitle a party to a review of judgment, yet, when a judge is satisfied that his judgment has proceeded upon an erroneous view of the law, the words of section 623 of the civil procedure code are wide enough to allow him to review his judgment, and to decide according to law.kindersley, j.1. if when the postage stamps were put in, an application was made to take some step in aid of execution, this would be sufficient to give a new period of limitation, and the subsequent application would be within the time allowed. but upon the other point we consider that, while the discovery of a fresh authority may not entitle a party to a review of judgment, yet, when a judge is satisfied that his judgment has proceeded upon an erroneous view of the law, the words of section 623 of the civil procedure code are wide enough to allow him to review his judgment, and to decide according to law.2. we dismiss this petition with costs.

Full Judgment

Kindersley, J.

1. If when the postage stamps were put in, an application was made to take some step in aid of execution, this would be sufficient to give a new period of limitation, and the subsequent application would be within the time allowed. But upon the other point we consider that, while the discovery of a fresh authority may not entitle a party to a review of judgment, yet, when a Judge is satisfied that his judgment has proceeded upon an erroneous view of the law, the words of Section 623 of the Civil Procedure Code are wide enough to allow him to review his judgment, and to decide according to law.

2. We dismiss this petition with costs.

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