Section 9 in Calcutta Thika Tenancy (Acquisition and Regulation) Rules, 1982
9. Manner of review under sub-sections (4) and (5) of section 13.
(1)The provisions of rule 1 of Order XLI of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) as to form of preferring an appeal shall apply, mutatis mutandis, to an application for review by the court or the Controller, as the case may be.(2)Where it appears to the court or the Controller that there is not sufficient ground for review, the court or the Controller shall reject the application.(3)Where the court or the Controller is of opinion that the application for 'review should, be granted, the court or the Controller shall grant the same :Provided that (a)no such application shall be granted without previous notice to the opposite party to enable him to appear and be heard; and(b)no such application shall be granted on the ground of discovery of new matter or evidence, which the applicant alleges was not within his knowledge or could not be adduced by him when the order was passed, without strict proof of such allegation.
