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Issues:
1. Dispute over ownership of a wall and water disposal between appellants and respondents. 2. Re-hearing of the case leading to a revised decree. 3. Jurisdiction of the lower appellate Court to alter the judgment post-signing. 4. Application of Order 47, Rule 1 of the Civil Procedure Code for review. Analysis: The case involved a dispute between the appellants and respondents regarding the ownership of a wall and water disposal. Initially, the trial Court dismissed the suit, but on appeal, the parties agreed to an arrangement for water disposal. Subsequently, the lower appellate Court found the wall in dispute belonged to the appellants and decreed accordingly. However, the respondents filed for a re-hearing, claiming their Counsel did not present all arguments previously. The Court allowed the re-hearing, and the Subordinate Judge concluded that the wall was a common wall, altering the decree. The main issue raised in the appeal was the jurisdiction of the lower appellate Court to alter the judgment after signing it. The appellants argued that the revised decree was passed without jurisdiction, citing Order 20, Rule 3 of the Civil Procedure Code. The Court acknowledged the limitations post-judgment signing but accepted the respondents' contention that the case could be considered under Order 47 for review. The Court noted that the facts presented by the Counsel constituted a sufficient reason for review, even under a restricted interpretation of Order 47, Rule 1. The appellants' Counsel referenced a Privy Council decision regarding the interpretation of "any other sufficient reason" in Order 47, Rule 1. However, the Court disagreed, stating that the misapprehension by the Counsel leading to the omission of arguments could be seen as analogous to an error apparent on the face of the record, justifying a review. The Court cited precedents recognizing the power of review in cases of Counsel or Judge mistakes leading to errors in the judgment. Ultimately, the Court dismissed the appeal, upholding the revised decree. The judgment emphasized the importance of allowing a re-hearing based on valid reasons, even if not explicitly mentioned in the initial application, under the provisions of Order 47 of the Civil Procedure Code.
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