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Bai Shri Vaktuba Vs. Agarsangji Raisungji - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Case NumberCivil Application No. 303 of 1906
Judge
Reported in(1907)9BOMLR547
AppellantBai Shri Vaktuba
RespondentAgarsangji Raisungji
Excerpt:
civil procedure code (act xiv of 1882), section 206 -power to amend decree-jurisdiction. ;the proceedings under section 206 of the civil procedure code, terminate in an order (which can be dealt with in revision by the high court.);an order passed under section 206, which makes additions in the decree not warranted by the judgment, is beyond the jurisdiction of the court passing it. - lawrence jenkins, c.j.1. it is clear that in this case the court acted under section 206 of the civil procedure code and only under that section.2. the decisions in calcutta and allahabad establish that the proceedings under section 206 terminate in an order.3. we are, therefore, able to deal with the matter and we have no doubt that the learned judges who granted the rule were right in their view that this order was beyond the jurisdiction conferred by section 206.4. we therefore make the rule absolute with costs throughout.
Judgment:

Lawrence Jenkins, C.J.

1. It is clear that in this case the Court acted under Section 206 of the Civil Procedure Code and only under that section.

2. The decisions in Calcutta and Allahabad establish that the proceedings under Section 206 terminate in an order.

3. We are, therefore, able to deal with the matter and we have no doubt that the learned Judges who granted the rule were right in their view that this order was beyond the jurisdiction conferred by Section 206.

4. We therefore make the rule absolute with costs throughout.


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