Madras High CourtREV.APPL/159/2018disposed of

The Chief Controlling Revenue v. K. Poonkodi

2018-06-29Honourable Mr Justice R. Subramanian4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2018

CORAM

THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN Review Application No.159 of 2018 1.The Chief Controlling Revenue Authority- cum- The Inspector General of Registration, The Office of Inspector General of Registration, 120, Santhome Highways, Chennai - 600 028.

2. The District Registrar (Administration), Tiruppur.

3. The Sub-Registrar, Dharapuram Sub-Registrar Office, Dharapuram, Tiruppur.

..Petitioners Vs.

K.Poonkodi ..Respondent PRAYER : Review Application is filed under Order XLVII Rule 1 r/w Section 114 of C.P.C. to review the final order dated 04.08.2017 passed by this Court in C.M.A. No.3692 of 2013. For Petitioners : Mr.T.M.Pappiah Special Government Pleader (CS) For Respondent : Mr.S.Saravanan

ORDER

This Review Application has been filed seeking for review of the judgment dated 04.08.2017 passed in C.M.A. No.3692 of 2013.

2. Review is sought for only on the ground that the Division Bench of this Court in WP (MD) Nos.1176 of 2017 etc., by its judgment dated 09.10.2017 held that the time limit stipulated in Rule 7 (1) of the Tamil Nadu State (Prevention of Undervaluation of Instruments) Rules 1968, is not mandatory. The Appeal in CMA No.3692 of 2017 was disposed of by an order dated 04.08.2017, by relying upon the judgment of this Court in Vijaylakshmi v. Chief Controlling Revenue Authority cum Inspector General of Registration, reported in 2012

(3) LW 27. Explanation to Order XLVII Rule 1 of the Code of Civil Procedure, reads as follows:

"Explanation- The fact that the decision on a question of law on which the judgment of the Court is based has been reversed or modified by the subsequent decision of a superior Court in any other case, shall not be a ground for the review of such judgment."

3. In view of the said explanation, I do not think the review can be entertained, on the basis that there has been subsequent change in law. Hence, this Review Application is dismissed. No costs. 29.06.2018 rkp Index :No Internet:Yes Speaking Order To 1.The Chief Controlling Revenue Authority- cum- The Inspector General of Registration, The Office of Inspector General of Registration, 120, Santhome Highways, Chennai - 600 028.

2. The District Registrar (Administration), Tiruppur.

3. The Sub-Registrar, Dharapuram Sub-Registrar Office, Dharapuram, Tiruppur.

R.SUBRAMANIAN,J.

rkp Review Application No.159 of 2018 29.06.2018