TMI Blog1919 (3) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... e for the procedure to be adopted by Courts of civil jurisdiction in dealing with matters before them. It does not authorize an appeal, since that would not be a mere matter of procedure, but the recognition of substantive right, which must be conferred in explicit terms. Damodara Menon v. Kittappa Menon (1911) I.L.R. 36 Mad. 16 : 21 M.L.J. 613. And similarly it confers no right to a review. For we have not been shown how the one right stands on a different footing from the other. 4. To turn to the alternative ground for petitioner's claim, that the power or duty to review an erroneous decision is inherent in the Court, he has supported it mainly with reference to Syed Tuffozool Hossein Khan v. Ragunath Persad (1871) 14 M.I.A. 44. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hand Kumar (1913) I.L.R 40 Cal. 552. (P.C.). And here the petitioner has alleged only that, if he had had a better opportunity of laying his case before the lower court, he would have been able to adduce evidence, which would have resulted in a different decision. 6. In these circumstances there was no ground on which the lower court could be asked to review its order. The Civil Revision Petition must therefore be dismissed with costs. Seshagiri Aiyar, J. 7. I am of the same opinion. 8. The question raised in the order of the learned District Judge is a very important one and I shall therefore say a few words. The ground has been cleared considerably after hearing the very able arguments of Mr. Sitarama Rao who appeared for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ., which are to be found in the Code and not that the Code is to be applied in its entirety to such proceedings, including power of appeal and of review. 11. The last argument related to the inherent power of a judicial officer to review his own judgment. It is settled law that a case is not open to appeal unless the Statute gives such a right. The power to reveiw must also be given by the Statute. Prima facie a party who has obtained a decision is entitled to keep it unassailed, unless the legislature has indicated the mode by which it can be set aside. A review is practically the hearing of an appeal by the same officer who decided the case. There is at least as good reason for saying that such power should not be exercised unless the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Khan v. Rughoonath Pershad (1871) 14 M.I.A. 40 as sounding the other way. After reading that judgment I am convinced the Judicial Committee did not intend to lay down that a Court has power to review its own judgment even though there is no law empowering it to do so. It was pointed out in that case that the order was an invalid one; that is to say, it was an order which the court had no jurisdiction to pass. That decision is of the same class to which the Bolivar (1916) 2 A.C. 203 belongs. Another Privy Council case in Debi Baksh Singh v. Habib Shah (1913) I.L.R. 35 All. 331 proceeds on the ground that a Court has power to correct mistakes into which it has been led by inadvertence. In Kala Mea v. Herperink (1908) I.L.R. 36 Cal. 363 the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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