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Issues Involved:
1. Whether a civil court possesses the power to review, suo motu, its concluded finding on an issue in a suit. 2. The finality of the trial court's decision on the issue of tenancy. 3. The scope and limitations of a court's power to review under the Code of Civil Procedure. Issue-wise Detailed Analysis: 1. Whether a civil court possesses the power to review, suo motu, its concluded finding on an issue in a suit: The primary question addressed in this judgment is whether a civil court has the inherent power to review its own order without an application from any party. The judgment clarifies that the power of review is not inherent in a court but must be conferred by statute. The court examined various judicial authorities and concluded that the power to review must be sought in a statutory provision. The judgment cites cases such as *Grindlays Bank v. Central Govt. Industrial Tribunal* and *State of Gujarat v. Sardar Begum* to emphasize that the power of review is limited to procedural errors or inadvertent errors and does not extend to substantive errors in the court's findings. 2. The finality of the trial court's decision on the issue of tenancy: The trial court initially decided that the question of tenancy did not arise because the defendants had obtained purchase certificates under the Kerala Land Reforms Act, implying tenancy. However, upon reviewing the records, the trial judge discovered that the purchase certificates were not binding on the plaintiff and defendants 1 to 6, as they were not parties to the proceedings in which the certificates were granted. Consequently, the trial judge reviewed his earlier order suo motu, concluding that the inference of tenancy was erroneous. The judgment emphasizes that the trial court's initial finding on the issue of tenancy was conclusive and could not be altered except under Section 152 of the Code of Civil Procedure or upon a review application by a litigant under Order 47, Rule 1 of the Code of Civil Procedure. 3. The scope and limitations of a court's power to review under the Code of Civil Procedure: The judgment extensively discusses the scope and limitations of a court's power to review under the Code of Civil Procedure. It reiterates that the power of review is created by statute and must be exercised within the circumstances specified in the statute. The judgment rejects the argument that a court has a general inherent power to review its orders suo motu, except in cases of procedural errors or inadvertent errors. The court also distinguishes between procedural errors, which relate to the mode or form of conducting judicial proceedings, and substantive errors, which pertain to the court's findings on legal rights or duties. The judgment concludes that the error corrected by the trial judge in this case was substantive, not procedural, and therefore, the trial judge acted without authority in reviewing his order suo motu. Conclusion: The judgment concludes that the trial judge acted without authority in reviewing his order dated 25-11-1988 and in referring the issue of tenancy to the Land Tribunal. The court holds that the power of review is not inherent in a civil court and must be conferred by statute. The judgment sets aside the impugned order and directs the trial judge to dispose of the suit in accordance with the law. The petitioners are awarded costs from the respondents.
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