Skip to content


Bankey Lal and ors. Vs. Meghraj and anr. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1921All177; 63Ind.Cas.951
AppellantBankey Lal and ors.
RespondentMeghraj and anr.
Excerpt:
agra tenancy act (ii of 1901) - appeal to district judge--order returning memorandum of appeal to be presented to revenue court--appeal to high court. - 1. in our opinion no appeal lies from this order, which is an order of the district judge returning a memorandum of appeal on the revenue side for the purpose of its being presented to the appellate court on the revenue side. in other words, the district judge formed the opinion that it was for the collector or the commissioner or the board of revenue to hear the appeal. we cannot interfere with this order. no appeal lies from it to this court, and the appellant must present his memorandum of appeal on the revenue side in accordance with the order. but to avoid any possible miscarriage of justice, we would suggest to the appellate court on the revenue side that if it differs fundamentally with the district judge and for that reason is unwilling to dispose of the appeal, it should submit.....
Judgment:

1. In our opinion no appeal lies from this order, which is an order of the District Judge returning a memorandum of appeal on the revenue side for the purpose of its being presented to the Appellate Court on the revenue side. In other words, the District Judge formed the opinion that it was for the Collector or the Commissioner or the Board of Revenue to hear the appeal. We cannot interfere with this order. No appeal lies from it to this Court, and the appellant must present his memorandum of appeal on the revenue side in accordance with the order. But to avoid any possible miscarriage of justice, we would suggest to the Appellate Court on the revenue side that if it differs fundamentally with the District Judge and for that reason is unwilling to dispose of the appeal, it should submit the record with a statement of reasons of its doubts to the High Court under Section 195 of the N.W.P. Tenancy Act, so that the real Question of the proper Appellate Court may be finally decided. The appeal is dismissed with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //