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Misri Lal Vs. Karman Bibi and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Judge
Reported in(1880)ILR2All904
AppellantMisri Lal
RespondentKarman Bibi and ors.
Excerpt:
addition of parties - appeal--act x of 1877 (civil procedure code, sections 32, 588--act xii of 1879, section 90 (2). - pearson, j.1. under section 588, act x of 1877, as amended by act xii of 1879, orders under section 32 striking out or adding the name of any person as plaintiff or defendant are appealable; but the order which is the subject of the present appeal is not an order of the kind abovementioned. it is an order refusing to make the appellants defendants in the suit; and there is no provision in the law for an appeal from such an order. the appeal is therefore disallowed with costs.
Judgment:

Pearson, J.

1. Under Section 588, Act X of 1877, as amended by Act XII of 1879, orders under Section 32 striking out or adding the name of any person as plaintiff or defendant are appealable; but the order which is the subject of the present appeal is not an order of the kind abovementioned. It is an order refusing to make the appellants defendants in the suit; and there is no provision in the law for an appeal from such an order. The appeal is therefore disallowed with costs.


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