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Jwala Prasad and anr. Vs. East Indian Railway Company - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1918All415(1); 46Ind.Cas.99
AppellantJwala Prasad and anr.
RespondentEast Indian Railway Company
Excerpt:
civil procedure code (act v of 1908), section 115, order vii, rule 10, order xliii, rule 1(a) - order returning plaint for presentation to proper court, confirmed on appeal--appeal, second, maintainability of--revision, whether lies. - .....cannot be entertained.2. we accordingly dismiss it with.....
Judgment:

1. The plaintiffs brought a suit against the East Indian Railway Company in the Court at Cawnpore for recovery of certain money deposited by them with the Railway Company in Calcutta. The Subordinate Judge held that the Cawnpore Court had no jurisdiction to entertain the suit and ordered the plaint to be returned for presentation in the proper Court. An appeal was preferred from this order to the District Judge and the learned District Judge affirmed the decision of the Court of first instance. This is an application for revision of the appellate order of the District Judge. Admittedly no appeal lies from such an order. It is also admitted that the District Judge had jurisdiction to entertain the appeal before him. If in the exercise of his jurisdiction he committed an error (we do not hold that he did so), that does not give the applicants a right to apply in revision under Section 115 of the Code of Civil Procedure. In our opinion this application cannot be entertained.

2. We accordingly dismiss it with costs.


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