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Masood Ali Vs. Chunni Lal and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1917All166(1); 39Ind.Cas.464
AppellantMasood Ali
RespondentChunni Lal and ors.
Excerpt:
appeal - dismissal of suit for failure to secure service on defendant--civil procedure code (act v of 1908), section 115--revision. - - he failed to secure service of process upon one or more of the defendants. he failed to do this and the rent court dismissed the suit. the contention raised is a good one. the original order passed by the assistant collector on the 14th of may 1915 dismissing the suit will, therefore, stand good......he failed to do this and the rent court dismissed the suit. the plaintiff went in appeal to the district judge of bareilly, who set aside the assistant collector's order and directed that the suit be restored to the file and be decided according to law. the learned judge apparently overlooked the full bench ruling of this court sita ram singh v. pokhpal singh 3 a.l. j. 576 ; a.w.n. (1906) 233 ; 1 m.l.t. 447 ; 28 a. 749, in which it was held that no appeal lay from such an order. the applicant comes here in revision and asks that the order of the district judge may be set aside on the ground that no appeal lay. the contention raised is a good one. i set aside the decree of the district judge. the original order passed by the assistant collector on the 14th of may 1915 dismissing the.....
Judgment:

George Knox, J.

1. The plaintiff in the suit out of which this appeal arises brought a suit in the Rent Court for arrears of the revenue. He failed to secure service of process upon one or more of the defendants. He was granted time within which to ascertain the address of the defendants and to procure service of summons. He failed to do this and the Rent Court dismissed the suit. The plaintiff went in appeal to the District Judge of Bareilly, who set aside the Assistant Collector's order and directed that the suit be restored to the file and be decided according to law. The learned Judge apparently overlooked the Full Bench ruling of this Court Sita Ram Singh v. Pokhpal Singh 3 A.L. J. 576 ; A.W.N. (1906) 233 ; 1 M.L.T. 447 ; 28 A. 749, in which it was held that no appeal lay from such an order. The applicant comes here in revision and asks that the order of the District Judge may be set aside on the ground that no appeal lay. The contention raised is a good one. I set aside the decree of the District Judge. The original order passed by the Assistant Collector on the 14th of May 1915 dismissing the suit will, therefore, stand good. The applicant will get costs of this Court.


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