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Baldeo Singh and anr. Vs. Hari Singh - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Judge
Reported in(1880)ILR2All905
AppellantBaldeo Singh and anr.
RespondentHari Singh
Excerpt:
suit of the nature cognisable in a small cause court - haq-i-chaharum--second appeal. - straight, j.1. the lower appellate court has found that the razi-nama was duly and properly executed; in other words, that the defendant agreed in writing to allow the plaintiffs 'haq-i-chaharum.' the suit was therefore for money due upon a contract and of a nature cognizable by a small cause court. accordingly no second appeal lay to this court, and the preliminary objection taken by the respondents' pleader must prevail. our attention was called at the hearing to the case of nanku v. the board of revenue i.l.r. 1 all. 444, but the view we are now taking is in no way inconsistent with, on the contrary is entirely in accordance to, the principle laid down in that case by the court at large. the appeal is not entertainable and must be dismissed with costs.
Judgment:

Straight, J.

1. The lower Appellate Court has found that the razi-nama was duly and properly executed; in other words, that the defendant agreed in writing to allow the plaintiffs 'haq-i-chaharum.' The suit was therefore for money due upon a contract and of a nature cognizable by a Small Cause Court. Accordingly no second appeal lay to this Court, and the preliminary objection taken by the respondents' pleader must prevail. Our attention was called at the hearing to the case of Nanku v. The Board of Revenue I.L.R. 1 All. 444, but the view we are now taking is in no way inconsistent with, on the contrary is entirely in accordance to, the principle laid down in that case by the Court at large. The appeal is not entertainable and must be dismissed with costs.


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