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Mehdi HusaIn Vs. Madar Bakhsh and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Judge
Reported in(1880)ILR2All889
AppellantMehdi Husain
RespondentMadar Bakhsh and ors.
Excerpt:
error or irregularity - court-fees--appeal--act x of 1877 (civil procedure code), section 578. - - 45. in this view he may or may not be right, but clearly the objection is not one affecting the merits of the case, and therefore as provided by section 578, act x of 1877, he ought not to have made the order he did reversing the decision of the munsif.robert stuart, c.j. and oldfield, j.1. in this case the munsif decreed the claim, but his judgment was reversed by the judge, not on the merits, but because the plaintiff had paid a court-fee too small for the suit, rs. 35 instead of rs. 45. in this view he may or may not be right, but clearly the objection is not one affecting the merits of the case, and therefore as provided by section 578, act x of 1877, he ought not to have made the order he did reversing the decision of the munsif. we must, therefore, set aside the judge's order and direct him to try the appeal that was taken to his court on the merits. costs to abide the result.
Judgment:

Robert Stuart, C.J. and Oldfield, J.

1. In this case the Munsif decreed the claim, but his judgment was reversed by the Judge, not on the merits, but because the plaintiff had paid a Court-fee too small for the suit, Rs. 35 instead of Rs. 45. In this view he may or may not be right, but clearly the objection is not one affecting the merits of the case, and therefore as provided by Section 578, Act X of 1877, he ought not to have made the order he did reversing the decision of the Munsif. We must, therefore, set aside the Judge's order and direct him to try the appeal that was taken to his Court on the merits. Costs to abide the result.


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