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Nathu Wilson Vs. C.H. Mcafee and anr. - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtAllahabad High Court
Decided On
Judge
Reported in(1897)ILR19All131
AppellantNathu Wilson
RespondentC.H. Mcafee and anr.
Excerpt:
act no. ii of 1882 (indian trusts act), sections 55, 60, 61, 74 - order dismissing application for removal of a trustee--civil procedure code, section 2--decree--appeal. - .....a refusal to dismiss a trustee. we are of opinion that the appeal did not lie, and we dismiss it with.....
Judgment:

John Edge, Kt., C.J. and Burkitt, J.

1. This is an appeal from an order under the Indian Trusts Act, 1882 (Act No. II of 1882) refusing to remove a trustee. Mr. Ryves has objected that no appeal lay. Mr. Banerji contends that the order was a decree, as that word is defined in Section 2 of the Code of Civil Procedure. So far as we are aware this point has never been decided. The case of Mohima Chunder Biswas v. Tarini Sunker Ghose I.L.R. 19 Cal. 487 is not of much assistance, as in that case Act No. VIII of 1890, which was the Act in question, did provide for appeals in certain cases. We think it would be stretching the definition of 'decree' in Section 2 of the Code of Civil Procedure to hold that it included a refusal to dismiss a trustee. We are of opinion that the appeal did not lie, and we dismiss it with costs.


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