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Sher Singh and anr. Vs. Diwan Singh and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Judge
Reported in(1900)ILR22All366
AppellantSher Singh and anr.
RespondentDiwan Singh and ors.
Excerpt:
civil procedure code, section 591 - appeal--appeal from decree in suit, the grounds of appeal being solely directed against an interlocutory order in the suit. - - 3. this case is clearly governed by the concluding remarks in the judgment of this court in sheo nath singh v......heard on the merits, and a decree made in favour of the plaintiffs. an appeal preferred from that decree was dismissed by the lower appellate court. the defendants have appealed to this court, and the only ground upon which their appeal is based is that the dismissal of the suit was improperly set aside by the court of first instance. no objection has been taken to the decree of the lower appellate court as regards the merits of the case.3. this case is clearly governed by the concluding remarks in the judgment of this court in sheo nath singh v. ram din singh (1895) i.l.r. 18 all. 19 at p. 22, it was there said that 'section 591 contemplates two things, there being a regular appeal about something else, and in that appeal the insertion of a ground of objection under section 591.' it is.....
Judgment:

Banerji and Aikman, JJ.

1. We think that this appeal must be dismissed, and the preliminary objection taken by Mr. Porter must prevail.

2. The suit of the plaintiffs-respondents was dismissed by the Court of First Instance for default. That dismissal was subsequently set aside, and the case heard on the merits, and a decree made in favour of the plaintiffs. An appeal preferred from that decree was dismissed by the Lower Appellate Court. The defendants have appealed to this Court, and the only ground upon which their appeal is based is that the dismissal of the suit was improperly set aside by the Court of First Instance. No objection has been taken to the decree of the Lower Appellate Court as regards the merits of the case.

3. This case is clearly governed by the concluding remarks in the judgment of this Court in Sheo Nath Singh v. Ram Din Singh (1895) I.L.R. 18 All. 19 at p. 22, It was there said that 'Section 591 contemplates two things, there being a regular appeal about something else, and in that appeal the insertion of a ground of objection under Section 591.' It is conceded that in this case there is no appeal about anything else. The objections taken in the memorandum of appeal relate only to the order setting aside the dismissal of the suit.

4. Following the ruling referred to above, we sustain the objection urged on behalf of the respondents and dismiss this appeal with costs.


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