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Muhammad Bakhsh Vs. Nand Ram and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Judge
Reported in(1880)ILR2All616
AppellantMuhammad Bakhsh
RespondentNand Ram and ors.
Excerpt:
dismissal of appealfor appellant's default - appeal--act x of 1877 (civil procedure code), sections 556, 558, 588,--act xii of 1879, section 90 (27). - cantonments act[c.a. no. 41/2006]. section 346 & cantonment fund (servants rules, 1937, rules 13, 14 & 15: [h.l. gokhale, ag. cj, p.v. hardas, naresh h. patil, r.m. borde & r.m. savant, jj] jurisdiction of school tribunal constituted under maharashtra employees of private schools (conditions of service) regulations act, (3 of 1978) held, school run by the cantonment board is a primary school and it is not a school recognised by any such board comparable to the divisional board or the state board. the school tribunal constituted under section 8 of the maharashtra act cannot entertain appeals filed under section 9 by the employees working..........all the points now urged in his behalf would have gone far to establishing the 'sufficient cause' mentioned in that section, and had the judge improperly or unreasonably refused such an application, his order would then, under section 588 of act x of 1877, have been appealable. this appeal is dismissed with costs.?dismissal of appeal for appellant's default.[section 556:--if on the day so fixed, or any other day to which the hearing may be adjourned, the appellant does not attend in person or by his pleader, the appeal shall be dismissed for default.
Judgment:

Robert Stuart, C.J.

1. We cannot entertain this appeal. The Judge having proceeded under Section 556 of the Civil Procedure Code, the defendants ought to have applied to the Judge of the District for the re-admission of the appeal to him under Section 558,1 and the only further procedure open to the defendants was by an appeal to this Court from the Judge's order under Section 588 as amended by Act XII of 1879, Section 90(27), but not having proceeded before the Judge under Section 558, there is no appeal to us, and the order of the Judge made under Section 556 is now final.

2. The Judge must be assumed to have done his duty according to law and the course of his Court, and with the exception of a vague suggestion as to the defendant not having known when his appeal to the Judge was coming on for hearing, nothing is stated to us against such an assumption, which we feel assured in this case is a very just one. In any case the appeal to this Court being wholly incompetent, must be rejected with costs.

Straight, J.

3. In this case an appeal was preferred to the Judge of Meerut from a decision of the Assistant Collector of Bulandshahr. The 26th November 1878, was fixed for the hearing, but though the parties attended Court on that day the case was not called on. It was ultimately disposed of on the 18th February 1879, the Judge, owing to the absence of the appellant, dismissing the appeal under Section 556 of Act X of 1877. The matter now comes to this Court in second appeal.

4. I am of opinion, that no such appeal lies to this Court. The order made by the Judge was, as has been remarked, passed under Section 556 of the Civil Procedure Code, and the course the appellant should have pursued was to make an application under Section 558 for re-admission of his appeal within thirty days from the date of the Judge's decree. All the points now urged in his behalf would have gone far to establishing the 'sufficient cause' mentioned in that section, and had the Judge improperly or unreasonably refused such an application, his order would then, under Section 588 of Act X of 1877, have been appealable. This appeal is dismissed with costs.

?Dismissal of appeal for appellant's default.

[Section 556:--If on the day so fixed, or any other day to which the hearing may be adjourned, the appellant does not attend in person or by his pleader, the appeal shall be dismissed for default.


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