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Jan Mahomed Abdul Vs. Syed Nurudin - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Case NumberAppeal No. 1482 from the decision in Original Suit No. 778 of 1905
Judge
Reported in(1907)9BOMLR996
AppellantJan Mahomed Abdul
RespondentSyed Nurudin
DispositionAppeal dismissed
Excerpt:
civil procedure code (act xiv of 1882), section 539 -suit relating to charity-suit brought by the advocate general at the instance of relators-dismissal of suit-eight of appeal-belators cannot appeal in their own right.;where a suit filed, under section 539 of the civil procedure code, by the advocate general at the instance of relators is dismissed and the advocate general does not think fit to appeal, it is not competent to the relators to file an appeal on their own account, against the dismissal. - .....suit and as relators they have no right to step in when the advocate general, who was plaintiff, has not thought fit to appeal against the dismissal of the suit.2. the authorities cited by mr. strangman, viz. daniell's chancery practice, vol. 1, page 56,. and the attorney-general v. wright (1841) 3 beav. 447 are in point.3. the appeal must, therefore, be dismissed with costs (including the costs reserved yesterday) upon the ground that the appeal does not lie at the instance of the relators.
Judgment:

Chandavarkar, J.

1. We are against the appellants on the preliminary objection to this appeal raised by the respondents' counsel. We are of opinion that the suit having been brought by the Advocate General, he was the proper party to appeal and not the relators who have filed this appeal. They were not parties to the suit and as relators they have no right to step in when the Advocate General, who was plaintiff, has not thought fit to appeal against the dismissal of the suit.

2. The authorities cited by Mr. Strangman, viz. Daniell's Chancery Practice, Vol. 1, page 56,. and The Attorney-General v. Wright (1841) 3 Beav. 447 are in point.

3. The appeal must, therefore, be dismissed with costs (including the costs reserved yesterday) upon the ground that the appeal does not lie at the instance of the relators.


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