Bhola and ors. Vs. RamdhIn and ors. - Court Judgment
|Court||Allahabad High Court|
|Judge||W. Comer Petheram, C.J. and; Brodhurst, J.|
|Appellant||Bhola and ors.|
|Respondent||RamdhIn and ors.|
question of proprietary right decided by revenue court under act xix of 1873 (n.-w.p. land revenue act), section 113 - omission by revenue court to frame decree--decision of revenue court not open to attack by suit in civil court--act xix of 1873, section 113. - - that would be a good reason probably for an application to correct that decision;.....with by the present proceedings. if the parties wish to dispute the correctness of the decision, they should take other steps. the decree of the lower appellate court is affirmed, and this appeal is dismissed with.....
W. Comer Petheram, C.J. and Brodhurst, J.
1. We think that this appeal must he dismissed. The simple question before us is, whether the Civil Court can interfere with the decision of a question decided by a Court of competent jurisdiction by a suit filed for that purpose. It is urged that the Revenue Court, whose decision is impugned, did not act in conformity with the provisions of the law. That would be a good reason probably for an application to correct that decision; but, so long as it stands, it is a decision of a Court of competent jurisdiction, and cannot be interfered with by the present proceedings. If the parties wish to dispute the correctness of the decision, they should take other steps. The decree of the Lower Appellate Court is affirmed, and this appeal is dismissed with costs.