Musaji Abdulla and Anr. Vs. Damodarda's (07.02.1888 - BOMHC) - Court Judgment
|Judge||Nanabhai Haridas and ;Jardine, J.|
|Appellant||Musaji Abdulla and Anr.|
practice - appeal--civil procedure code (act xiv of 1882), sections 545, 244(clause 3), 588 and 2--order rejecting stay of execution appealable. - nanabhai haridas, j.1. we think an appeal lies in this case. the order of the district judge under section 545, civil procedure code, is one determining a 'question... referred to in section 244' (clause 3), and one 'not specified in section 588' civil procedure code. it is, therefore, a 'decree' as defined in section 2, civil procedure code.2. [the hearing of the appeal was then proceeded with, and, on the merits, the decree of the district judge was confirmed with costs.]
Nanabhai Haridas, J.
1. We think an appeal lies in this case. The order of the District Judge under Section 545, Civil Procedure Code, is one determining a 'question... referred to in Section 244' (Clause 3), and one 'not specified in Section 588' Civil Procedure Code. It is, therefore, a 'decree' as defined in Section 2, Civil Procedure Code.
2. [The hearing of the appeal was then proceeded with, and, on the merits, the decree of the District Judge was confirmed with costs.]