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Nageshar Pande and ors. Vs. Ram Parsan Upadhya - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported in(1920)ILR42All317
AppellantNageshar Pande and ors.
RespondentRam Parsan Upadhya
Excerpt:
.....of an order rejecting application for review not maintainable when the original decree has been the subject of appeal. - 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 in schools..........parsan upadhya, the pre-emptor. the claim was resisted on various grounds. it, was decreed by the learned munsif of bansgaon on the 10th of january, 1919. ram parsau upadhya, the pre-emptor, filed an application before the learned munsif for review of judgment on the 12th of february, 1919. two days after, ram parsan filed an appeal in the district judge's court from the decree of the learned munsif. the application for review was hoard and disposed of on the 31st of may, 1919 the learned munsif held that as an appeal had been filed by ram parsan, which appeal was pending at the time, the application for review was not maintainable. he accordingly dismissed it on the 31st of may, 1919. on the 4th of july, 1919, ram parsan came up in revision to this court alleging that the pendency of.....
Judgment:

Muhammad Rafiq and Piggott, JJ.

1. It appears that there are three brothers called Rameshar Pande, Nageshar Pande and Sri Ram Pande, who according to the allegation of Nageshar Pande, the plaintiff, are members' of a joint and undivided Hindu family. Rameshar Pande and Sri Ram Pande, two of the brothers, executed a deed of sale in respect of some of the family property in favour of Parmanand Tiwari. One Ram Parsad Upadhya sued to pre-empt the sale and obtained a decree. After the passing of the pre-emption decree Nageshar Pande brought the suit out of which this application for revision has arisen for a declaration that the sale by Rameshar Pande and Sri Ram Pande in favour of Parmanand Tiwari was invalid and that the decree of Ram Parsan Upadhya on the ground of pre-emption was also invalid and inoperative. Nageshar Pande impleaded as defendant in the case, his two brothers Rameshar Pande and Sri Ram Pande, the vendors, Parmanand Tiwari,, the vendee, and Ram Parsan Upadhya, the pre-emptor. The claim was resisted on various grounds. It, was decreed by the learned Munsif of Bansgaon on the 10th of January, 1919. Ram Parsau Upadhya, the pre-emptor, filed an application before the learned Munsif for review of judgment on the 12th of February, 1919. Two days after, Ram Parsan filed an appeal in the District Judge's Court from the decree of the learned Munsif. The application for review was hoard and disposed of on the 31st of May, 1919 The learned Munsif held that as an appeal had been filed by Ram Parsan, which appeal was pending at the time, the application for review was not maintainable. He accordingly dismissed it on the 31st of May, 1919. On the 4th of July, 1919, Ram Parsan came up in revision to this Court alleging that the pendency of an appeal on his behalf in the court of the District Judge was no ground for the rejection of his application for review by the learned Munsif. On the 7th of July, 1919, a learned Judge of -this Court admitted the application and issued notice to the other side to show cause. About a week after, namely, on the 15th of July, 1919, the appeal of Ram Parsan was heard by the learned District Judge and disposed of. The appeal was dismissed, It is contended on behalf of Ram Parsan, the applicant before this Court, that the order of the learned Munsif of Bansgaon rejecting his application for review is erroneous on the face of it in view of the case-law on the subject. The applicant relies upon the following cases;--Chenna Reddi v. Peddaobai Reddi (1909) I.L.R. 42 All. 79, Namyan Purushottam Gargote v. Laxmibai (1914) I.L.R. 38 Bom. 416 and Partab Singh v. Jaswant Singh (1919) I.L.R. All. 79. The case-law is no doubt in favour of the contention for the applicant, but the circumstances of the, three cases relied upon by the applicant were quite different from those in his case here. In the cases relied upon, the appeal had not been disposed of. In. the present case the application of Ram Parsaa before this Court has come up for hearing after the disposal of his appeal by the learned District Judge. The dsoree of the learned Munsif no more subsists. The final decree in the case is that of the learned District Judge. No doubt the order of the learned Munsif rejecting the application for review. was erroneous. It would, however, serve no useful purpose now to set aside that order, inasmuch as the decree sought to be reviewed no more exists. The decree which subsists at present is that of the district court. We therefore disallow the application and dismiss it. Considering all the circumstances the parties will bear their own costs.


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