THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA 465
C IVIL P ROCEDURE C ODE C RIMINAL P ROCEDURE C ODE
Section 439 — contd.
an opportunity has been given under sub-section (2) of showing cause why his sentence should not be enhanced shall, in showing cause, be entitled also to show cause against his conviction.
Section 440
No party has any right to be heard either personally or by pleader before any Court when exercising its powers of revision :
Provided that the Court may, if it thinks fit, when exercising such powers, hear any party either personally or by pleader, and that nothing in this section shall be deemed to affect section
439, sub-section (2).