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Muhammad Wali Khan Vs. Muhammad Mohi-ud-dIn Khan and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty;Civil
CourtAllahabad
Decided On
Judge
Reported inAIR1915All129(2); (1915)ILR37All124
AppellantMuhammad Wali Khan
RespondentMuhammad Mohi-ud-dIn Khan and ors.
Excerpt:
civil procedure code (1908), section 109(c) - appeal to his majesty in council--practice--grounds for granting certificate in cast of connected appeals. - .....j.1. the value of the subject matter of the suit out of which this appeal arises and of the proposed appeal to his majesty in council exceeds rs. 10,000, but this court affirmed the decree of the court of first instance. we have, therefore, to see whether the case fulfils the requirements of section 110 of the code of civil procedure, or is otherwise a fit one for appeal to his majesty in council.2. the question which is involved in appeal no. 29 is involved in the proposed appeal. both appeals arise out of the same suit. to a large extent at least the decree of this court will be wrong in the event of their lordships of the privy council differing from the view taken by this court in appeal no. 29. we think, therefore, under the special circumstances of this case, that we are.....
Judgment:

Henry Richard and Pramada Charan Banerji, J.

1. The value of the subject matter of the suit out of which this appeal arises and of the proposed appeal to His Majesty in Council exceeds Rs. 10,000, but this Court affirmed the decree of the court of first instance. We have, therefore, to see whether the case fulfils the requirements of Section 110 of the Code of Civil Procedure, or is otherwise a fit one for appeal to His Majesty in Council.

2. The question which is involved in Appeal No. 29 is involved in the proposed appeal. Both appeals arise out of the same suit. To a large extent at least the decree of this Court will be wrong in the event of their Lordships of the Privy Council differing from the view taken by this Court in Appeal No. 29. We think, therefore, under the special circumstances of this case, that we are justified in certifying that the case is 'otherwise a fit one for appeal to His Majesty in Council' and we so certify.


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