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  • provisions of section 626 of the Code of Civil Procedure.
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  • provisions of section 626 of the Code of Civil Procedure.

    Ali Akbar And Others v. Khurshed Ali And Another

    Banerji, J.:— This is an appeal from an order admitting an application for a review of judgment, and is made on the ground that the court, in granting the application, has contravened the provisions of section 626 of the Code of Civil Procedure. The only clause of section 626 which may apply to the case is clause (b) of the proviso to that section.

    2. The first paragraph of the section does not apply, nor does the second. As the court has recorded reasons for granting the application, clause (b) of the proviso is, in our judgment, inapplicable, as the lower court has not granted the application on the ground of discovery of new evidence, It was of opinion that there was other sufficient reason for granting the application within the meaning of section 623. Whether the court was right or wrong in its opinion on that point, is not a matter which we need consider in this appeal, inasmuch as an appeal from an order admitting a review can be brought on one of the three grounds mentioned in section 629, and on those grounds only. The insufficiency of reason for which an application for review is admitted is not one of the grounds mentioned in that section; the appeal, therefore, fails and is dismissed wish costs.

    Richards, J.:— I concur. I think that if after a suit had been dismissed on the technical ground that the stamp was originally insufficient, it was subsequently found that the stamp was all along sufficient, that fact constitutes a most fitting ground for granting a review and is clearly other sufficient ground within the meaning of section 623.

    M.L.NAppeal dismissed.

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    Ali Akbar And Others v. Khurshed Ali And Another
    (May 10, 1905)