Statutory power of review must be express; inherent or procedural jurisdiction cannot support review of a Section 10 order.

A District Judge has no inherent or procedural power to review an order passed under Section 10 of Act XX of 1863 unless the statute expressly confers that authority. Section 141 of the Code of Civil Procedure regulates procedure in civil jurisdiction matters, but does not create a substantive right of review or appeal. The recognised exceptions for review were treated as narrow cases involving lack of jurisdiction, inadvertence leading to the setting aside of earlier proceedings, or fraud or misrepresentation. The final result was that the refusal to review was upheld because no statutory power of review existed.

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Issues: Whether a District Judge has power to review an order passed under Section 10 of Act XX of 1863, and whether such power can be derived from the Code of Civil Procedure or from any inherent jurisdiction of the Court.

Analysis: The Act contains no express provision for review. Section 141 of the Code of Civil Procedure was held to regulate procedure in civil jurisdiction matters, but not to create a substantive right of appeal or review. The cases recognising review were treated as limited exceptions where earlier proceedings were void for want of jurisdiction, were set aside for inadvertence, or were vitiated by fraud or misrepresentation. The general rule applied was that a Court cannot review its own decision unless the statute expressly authorises it, and a review is in substance akin to an appeal by the same authority.

Conclusion: A District Judge has no inherent or procedural power to review an order passed under Section 10 of Act XX of 1863 in the absence of statutory authority.

Final Conclusion: The revision petition failed because the refusal to review was upheld on the ground that no statutory power of review existed for the order in question.

Ratio Decidendi: Review is not an inherent power of a court or judicial officer and can be exercised only when expressly conferred by statute.

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