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Badri Prasad and anr. Vs. Daryai Bibi and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Judge
Reported in(1896)ILR18All44
AppellantBadri Prasad and anr.
RespondentDaryai Bibi and anr.
Excerpt:
civil procedure code, sections 626, 629 - review of judgment--appeal. - blair and burkitt, jj.1. a preliminary point is taken that on the facts, no appeal lies in this case. it is an appeal in the nature of an objection to an order of the district judge of allahabad, granting a review of a judgment of his own. it is not pretended that this case falls within the provisions (a) and (b) of section 626, nor was the order in contravention of the provisions of section 624, nor was the application for review barred by limitation. that being so, we, following and approving of the ruling and the reasons in the case, of the bombay and persia steam navigation co. limited v. the s.s. zuari i.l.r. 12 bom. 171, dismiss this appeal with costs.
Judgment:

Blair and Burkitt, JJ.

1. A preliminary point is taken that on the facts, no appeal lies in this case. It is an appeal in the nature of an objection to an order of the District Judge of Allahabad, granting a review of a judgment of his own. It is not pretended that this case falls within the provisions (a) and (b) of Section 626, nor was the order in contravention of the provisions of Section 624, nor was the application for review barred by limitation. That being so, we, following and approving of the ruling and the reasons in the case, of the Bombay and Persia Steam Navigation Co. Limited v. The S.S. Zuari I.L.R. 12 Bom. 171, dismiss this appeal with costs.


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