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Maganlal Mulji Vs. Bhogilal Naranji - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Case Number Civil Extraordinary Application No. 244 of 1909
Judge
Reported in(1910)12BOMLR365
AppellantMaganlal Mulji
RespondentBhogilal Naranji
Excerpt:
civil procedure code (act xiv of 1882), section 295-decree-execution-rateable distribution-order-appeal from order.;no appeal lies from an order passed under section 295 of the civil procedure code, 1882. - maharashtra scheduled castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act (23 of 2001), sections 6 & 10: [s.b. mhase, a.p. deshpande & p.b. varale, jj] caste certificate petitioner seeking appointment against the post reserved for member of schedule tribe his caste certificate was invalidated subsequently held, his appointment would not be protected. the observations/directions issued by supreme court in para 36 of judgment in the case of.....n.g. chandavarkar, j.1. the decision' of the subordinate judge having been under section 295 of the old civil procedure code, no appeal lay. see kashiratn v. mani ram ilr(1892) all, 120, jagadish chandra shah v. kripa nath shah ilr (1889) cal. 48. therefore the lower appellate court had no jurisdiction to deal with the appeal. but it appears that the question of jurisdiction was not raised before it. therefore we make the rule absolute with costs of this application, but not with the costs of the appeal in the lower appellate court.
Judgment:

N.G. Chandavarkar, J.

1. The decision' of the Subordinate Judge having been under Section 295 of the old Civil Procedure Code, no appeal lay. see Kashiratn v. Mani Ram ILR(1892) All, 120, Jagadish Chandra Shah v. Kripa Nath Shah ILR (1889) Cal. 48. Therefore the lower appellate Court had no jurisdiction to deal with the appeal. But it appears that the question of jurisdiction was not raised before it. Therefore we make the rule absolute with costs of this application, but not with the costs of the appeal in the lower appellate Court.


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