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Sheo Tahal and ors. Vs. Ram Golam and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Judge
Reported in(1876)ILR1All266
AppellantSheo Tahal and ors.
RespondentRam Golam and ors.
Excerpt:
decree - judgment--appeal. - 1. we are of opinion that the ruling of the pull bench does not apply in this case. the appellant is dissatisfied with the decree of the court of first instance. he contends that the respondents have, under no circumstances, a right to redeem, and that their suit should have been dismissed absolutely and not in such a mannarthat they are at liberty to come into court again. we admit the force of the objection, and decreeing the appeal, remand the case to the lower appellate court for decision on the merits.
Judgment:

1. We are of opinion that the ruling of the Pull Bench does not apply in this case. The appellant is dissatisfied with the decree of the Court of first instance. He contends that the respondents have, under no circumstances, a right to redeem, and that their suit should have been dismissed absolutely and not in such a mannarthat they are at liberty to come into Court again. We admit the force of the objection, and decreeing the appeal, remand the case to the lower appellate Court for decision on the merits.


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