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34.Revisional powers of the Court of the Judicial Commissioner.- In addition to the powers conferred by section 115 of the Code of Civil Procedure, 1908 (5 of 1908), the Court of the Judicial Commissioner may, on application made to it, call for the record of any case which has been decided by a civil court subordinate to it and in which no appeal lies to it and if the Court of the Judicial Commissioner is of opinion that there is an important question of law or custom and the question requires further consideration, the Court of the Judicial Commissioner may make such order in the case as it thinks fit: Provided that- (i) no application shall be admitted after the expiration of ninety days from the date of the decision in respect of which the application is made unless the applicant satisfies the Court of the Judicial Commissioner that he had sufficient cause for not making application within that period; (ii) on any such application the Court of the Judicial Commissioner shall not revise the decision of the court below except in so far as such decision involves a question of law or custom in respect of which the application has been admitted; and (iii) when any such application has been admitted the Court of the Judicial Commissioner shall, subject to clause (ii) of this proviso, treat the matter of the application as if it were an appeal. Explanation 1.-The question of procedure is not a question of law or custom within the meaning of this section. Explanation 2.-In computing the period of limitation mentioned in clause (i) of this proviso and in all other respects not herein specified, the period of limitation of the application shall be governed by the provisions of the Indian Limitation Act, 1908 (5 of 1908).    |
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