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Raghubar Dayal Vs. Puran Singh - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Reported inAIR1929All432
AppellantRaghubar Dayal
RespondentPuran Singh
Cases ReferredGaura Bibi v. Ghasita
Excerpt:
- .....for default. the order on the face of it shows that it was not a dismissal for default. the learned judge of the lower appellate court states in the judgment as follows:no doubt the court below was a little wrong in writing the judgment on merits.2. this also seems to indicate to us that the lower appellate court did not treat the order as an order dismissing the plaintiff's suit for default. the dismissal was on the merits, and therefore an appeal lay against the decree of the munsif. we are of opinion that the court below was not right in holding that no appeal lay. the same view was taken on a similar order in the case of gaura bibi v. ghasita [1912] 34 all. 1233. we allow the appeal, set aside the decree of the lower appellate court, and remand the case under order 41, rule.....
Judgment:

1. This is plaintiff's appeal. The only point for consideration in this appeal is whether the order passed by the learned Munsif on 26th February 1925, dismissing the suit was an order of dismissal for default. The order on the face of it shows that it was not a dismissal for default. The learned Judge of the lower appellate Court states in the judgment as follows:

No doubt the Court below was a little wrong in writing the judgment on merits.

2. This also seems to indicate to us that the lower appellate Court did not treat the order as an order dismissing the plaintiff's suit for default. The dismissal was on the merits, and therefore an appeal lay against the decree of the Munsif. We are of opinion that the Court below was not right in holding that no appeal lay. The same view was taken on a similar order in the case of Gaura Bibi v. Ghasita [1912] 34 All. 123

3. We allow the appeal, set aside the decree of the lower appellate Court, and remand the case under Order 41, Rule 23, to that Court. Costs here and hitherto will abide the result.


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