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Kumar Brij Bahadur Vs. Musammat Dallo and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported in1Ind.Cas.137
AppellantKumar Brij Bahadur
RespondentMusammat Dallo and anr.
Excerpt:
letters patent, section 10 - order returning memorandum of appeal for presentation to proper court--civil procedure code (act xiv of 1882), section 588--appeal. - - we think that this objection is well founded. therefore no appeal lies under the letters patent from the order complained of in this case, the order being one directing a memorandum of appeal to be returned.1. a preliminary objection has been taken to the hearing of this appeal on the ground that no appeal lies under section 10 of the letters patent from the order of the learned judge of this court. we think that this objection is well founded. the final order of the learned judge of this court is in the following terms 'i, therefore, under section 57 read with sections 582 and 587 of the code of civil procedure return the memorandum of appeal for presentation to the proper court.' the order is thus an order directing the memorandum of appeal to be returned for presentation to the proper court. it was held by a full bench in muhammad naim-ullah khan v. ihsan-ullah khan 14 a. 226 (f.b.), that an appeal under the letters patent does not lie against an order from which an appeal is excluded by.....
Judgment:

1. A preliminary objection has been taken to the hearing of this appeal on the ground that no appeal lies under Section 10 of the Letters Patent from the order of the learned Judge of this Court. We think that this objection is well founded. The final order of the learned Judge of this Court is in the following terms 'I, therefore, under Section 57 read with Sections 582 and 587 of the Code of Civil Procedure return the Memorandum of Appeal for presentation to the proper Court.' The order is thus an order directing the Memorandum of Appeal to be returned for presentation to the proper Court. It was held by a Full Bench in Muhammad Naim-ullah Khan v. Ihsan-ullah Khan 14 A. 226 (F.B.), that an appeal under the Letters Patent does not lie against an order from which an appeal is excluded by Chapter 43 of the Code of Civil Procedure, 1882. It has been held in this Court that no appeal lies under that Chapter, that is under Section 588 which appears in that Chapter, from an order directing a Memorandum of Appeal to be returned. Therefore no appeal lies under the Letters Patent from the order complained of in this case, the order being one directing a Memorandum of Appeal to be returned. We, accordingly, allow the preliminary objection and dismiss the appeal with costs.


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