Law: Civil Procedure Code (V of 1908)

Section: 115,1

Civil Procedure Code, 1908 (V of 1908)-- ----S. 115, O.XXXIII, R. 1--Suits for recovery of outstanding rent--Decreed--Appeals--Direction for affixation of Court fee within three days--Non-compliance of order--Filing of review applications--Dismissed--Non-filing of application for treating appeals as paupers--Grounds for review--Exercising of power of review--Challenge to--Grounds of review that in earlier round of litigation Court fee was not paid, that value for purpose of Court fee and jurisdiction before trial Court was mentioned is exempted one and that petitioner is an old or infirm person is no ground for review of Judgment/Order--Order, review of which is sought, suffers from any error apparent on face of order and permitting order to stand will lead to failure of justice--In absence of any such error, finality attached to /order cannot be disturbed--Power of review can be exercised for correction of a mistake and not to substitute a view--It has also been settled that if Court has taken a conscious and deliberate decision on a point of law or fact and disposed of matter pending before it, review of such order cannot be obtained on grounds that Court took an erroneous view or that another view on reconsideration is possible, more-so review also cannot be allowed on ground of discovery of some new material, if such material was available at time of hearing but not produced--Application by which petitioner has sought review of though, contain ground of old age and sickness but mere mentioning same without complying with formalities provided in Order 3, Rule 3, plea/request of petitioner could not be entertained for treating same as pauper  intended to seek presentation of his appeal as pauper and reversal of finding of Trial Court on ground pertaining to earlier round of litigation were properly discussed, appreciated and decided by Trial Court--Presentation of these petitions under above provisions of law relating to petition as pauper, were not competently filed  in all cases has not been able to point any illegality, material irregularity or jurisdictional defect--Revision petitions were dismissed. [Pp. 50, 51 53] A, B, C, D, E, F, G H 2008…

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