High CourtsSingle Bench(1936) 11 BOM CK 0004

Ahmed Abdulla Rubatti vs Ahmed Abdulla Dubaee

Bombay High Court · Decided on 30 November 1936 · Citation: AIR 1937 Bom 180 : (1937) 39 BOMLR 110

HON’BLE JUDGES
John Beaumont, J
RESULT
Dismissed
CASE NUMBER
Civil Revision Application No. 120 of 1936

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Judgment

3 paragraphs · 309 words

John Beaumont, Kt., C.J.—In this case the plaintiff sued before the Registrar of the District Court, Aden, for Rs. 28, commission earned. The Registrar decreed the plaintiff''s claim. u/s 15 of the Aden Civil and Criminal Justice Regulation VI of 1933, the District Judge may call for any proceedings before the Registrar at any stage or within thirty days of their termination, and may pass such orders thereon as he thinks fit. The learned District Judge in revision called a witness whose evidence he considered it necessary to hear, and having heard the evidence of that witness, he set aside the Registrar''s order, and dismissed the suit. It is obviously rather a dangerous course to admit further evidence in revision, but I am not prepared to say that the District Judge had no jurisdiction to adopt the course which he did, the language of Section 15 being extremely wide.

2.

A preliminary objection was taken that this Court has no power to revise an order made by the District Judge of Aden in revision. But u/s 7 of the Regulation this Court may call for the record of any case which has been decided by the District Judge and in which no appeal lies, and may make such order as therein mentioned. It seems to me that that confers upon this Court a power of revision where any case has been decided by the District Judge whether in his original jurisdiction, or in appeal, or in revision. I think, therefore, that I have the power to hear this application in revision, though I think this Court should generally be slow to interfere with the exercise by the District Judge of his revisional powers.

3.

I see no reason in this case to interfere with the order which the District Judge made. The application, therefore, must be dismissed with costs.