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Ganesh Prasad Sahu Vs. Dukh Haran Sahu - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1922All441; 66Ind.Cas.509
AppellantGanesh Prasad Sahu
RespondentDukh Haran Sahu
Excerpt:
civil procedure code (act v of 1908), section 115, order xxxix, rule 1, order xliii, rule 1 (n) - injunction-appeal-revision--error in exercise of jurisdiction. - .....to a condition. from that order an appeal was filed in the court of the district judge and the learned judge modified the order in so far as it imposed a condition on the opposite party. it is urged that no appeal lay to the court below, and that, there fore he learned judge had exercised a jurisdiction not vested in him by law. in my opinion an appeal did lie to the court below under order xliii, rule (i)(n). the order of the court of first instance was an order passed under order xxxix, rule 1, and therefore, an appeal lay from that order to the district judge. the district judge, therefore, had jurisdiction to entertain the appeal. whether in the exercise of the jurisdiction be committed an error of judgment is not a matter upon which revision can lie. the application for revision.....
Judgment:

1. In my opinion this application for revision is without forte The Court of first instate made an order for the issue of an injunction subject to a condition. From that order an appeal was filed in the Court of the District Judge and the learned Judge modified the order in so far as it imposed a condition on the opposite party. It is urged that no appeal lay to the Court below, and that, there fore he learned Judge had exercised a jurisdiction not vested in him by law. In my opinion an appeal did lie to the Court below under Order XLIII, Rule (I)(n). The order of the Court of first instance was an order passed under Order XXXIX, Rule 1, and therefore, an appeal lay from that order to the District Judge. The District Judge, therefore, had jurisdiction to entertain the appeal. Whether in the exercise of the jurisdiction be committed an error of judgment is not a matter upon which revision can lie. The application for revision is accordingly dismissed with costs.


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