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Chiranji Lal and anr. Vs. Behari Lal and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported inAIR1918All245; 48Ind.Cas.124
AppellantChiranji Lal and anr.
RespondentBehari Lal and ors.
Excerpt:
civil procedure code (act v of 1908), section 110 - appeal to privy council--cross-appeals to high court--high court affirming part of decree and reversing part--leave, whether can be granted. - 1. this is an application for leave to appeal to his majesty in council. it appears that the court below decided partly in favour of the plaintiff and partly against. both parties appealed. in so far as the court below decided in favour of the plaintiff, this court set aside the decree of the court of first instance and dismissed the plaintiff's suit. there has been an application jo this court for leave to appeal against this decree of the high court and by our order this day delivered we have given the usual certificate. the present application is for leave to his majesty in council against the decree of this court which affirmed the decision of the court below and dismissed the plaintiff's suit. it has been argued that inasmuch as both the appeals arose out of the same suit and that.....
Judgment:

1. This is an application for leave to appeal to his Majesty in Council. It appears that the Court below decided partly in favour of the plaintiff and partly against. Both parties appealed. In so far as the Court below decided in favour of the plaintiff, this Court set aside the decree of the Court of first instance and dismissed the plaintiff's suit. There has been an application Jo this Court for leave to appeal against this decree of the High Court and by our order this day delivered we have given the usual certificate. The present application is for leave to His Majesty in Council against the decree of this Court which affirmed the decision of the Court below and dismissed the plaintiff's suit. It has been argued that inasmuch as both the appeals arose out of the same suit and that thin Court did not affirm in its entirety the decree of the Court of first instance, leave should be granted to appeal to His Majesty. It seems to us that inasmuch as the decree, which it is sought to appeal against, confirms the decision of the Court immediately below this Court, we have no power to, grant a certificate unless we can certify that the appeal involves some substantial question of law. In the present case we are unable to certify that any substantial question of law is involved and it was not contended that any such question was involved. The proposed respondents appear and oppose the application, contending that they ought not to be put to the expense of a second appeal unless the plaintiff is entitled to appeal as a matter of right. For the reasons stated above, we are unable to certify that the case fulfils the conditions prescribed by Section 110 of the Code of Civil Procedure, and we reject the application with costs.


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