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Muhammad Ismail and anr. Vs. Manohar Das and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in65Ind.Cas.838
AppellantMuhammad Ismail and anr.
RespondentManohar Das and ors.
Excerpt:
civil procedure code (act v of 1908), order xxii, rules 1 and 11 - abatement of appeal--order, whether appealable. - 1. this is a second appeal from an order of the district judge of allahabad declaring that an appeal pending before him had abated. it has been held in this court for more than twenty-fire years that such an appeal does not lie, see hamida bibi v. ali husen khan 17 a. 172 : a.w.n. (1895) 42 : 8 ind. dec. (n.s.) 436. that case was followed recently in walayat hasain v. ram lal 25 ind cas. 613 : 12 a.l.j. 1113. this being the view of our court, we feel bound to follow it and hold that no appeal lies. we have been asked, in that view, to treat this memorandum of appeal as an application in civil revision, but we do not think it necessary to accede to this request. the result is that this appeal fails and is dismissed with costs.
Judgment:

1. This is a second appeal from an order of the District Judge of Allahabad declaring that an appeal pending before him had abated. It has been held in this Court for more than twenty-fire years that such an appeal does not lie, see Hamida Bibi v. Ali Husen Khan 17 A. 172 : A.W.N. (1895) 42 : 8 Ind. Dec. (N.S.) 436. That case was followed recently in Walayat Hasain v. Ram Lal 25 Ind Cas. 613 : 12 A.L.J. 1113. This being the view of our Court, we feel bound to follow it and hold that no appeal lies. We have been asked, in that view, to treat this memorandum of appeal as an application in civil revision, but we do not think it necessary to accede to this request. The result is that this appeal fails and is dismissed with costs.


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