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Guizari Lal Vs. Latif Husain - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtAllahabad
Decided On
Judge
Reported in(1916)ILR38All181
AppellantGuizari Lal
RespondentLatif Husain
Excerpt:
act (local) no. ii of 1901 (agra tenancy act), sections 182 and 193 - suit for rent--second appeal to district judge--remand--appeal--civil procedure code (1908), order xli, rule 23. - - act ii of 1901, section 175, clearly lays down that 'no appeal shall lie from any decree or order passed by any court under this act except as hereinafter provided.tudball and walsh, jj.1. this is an appeal from an order of remand passed by a district judge in a simple suit for rent. a preliminary objection is taken that no appeal lies to this court. the suit was instituted in the court of an assistant collector of the second class and was decreed. an appeal was preferred in the court of the collector of the district which upheld the decree. a second appeal was preferred to the district judge under the provisions of section 180, clause (2). the learned district judge has remanded the case through the court of the first instance for decision in view of certain remarks made by the district judge in his judgement. act ii of 1901, section 175, clearly lays down that 'no appeal shall lie from any decree or order passed by any court under this act except.....
Judgment:

Tudball and Walsh, JJ.

1. This is an appeal from an order of remand passed by a District Judge in a simple suit for rent. A preliminary objection is taken that no appeal lies to this Court. The suit was instituted in the court of an Assistant Collector of the second class and was decreed. An appeal was preferred in the court of the Collector of the district which upheld the decree. A second appeal was preferred to the District Judge under the provisions of Section 180, Clause (2). The learned District Judge has remanded the case through the court of the first instance for decision in view of certain remarks made by the District Judge in his judgement. Act II of 1901, Section 175, clearly lays down that 'no appeal shall lie from any decree or order passed by any court under this Act except as hereinafter provided.' Appeals from District Judges' decisions are governed by Section 182, which allows only second appeals to this Court from a decree in appeal of a District Judge in accordance with the provisions of Chapter XLII of the Code of Civil Procedure (Act XIV of 1882). In view of the above section and of the provisions of Section 193, Clause (a) it is quite clear that no appeal lies to this Court from the order of remand passed by the court below. The preliminary objection mast, therefore, prevail and the appeal is rejected with costs.


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