Report No. 141

3.5. A Calcutta case: Dismissal of revision petition.-

In a Calcutta case1, a criminal revision against a conviction was dismissed by the High Court for default. On an application for restoration of the same, the Division Bench held that while, in India, no court could review its judgment on the merits, it could reopen a rule which had been discharged because no one had appeared at the hearing. The case had not been heard and determined on the merits. There had been no judgment. Hence there was no question of review of judgment.

1. Bibhuti Mohan Roy v. Sadimoni Dassi, (1909) Cri LJ 287 (288, 289) (Cal) (Harington and Brett, JJ.).