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Lala Ulfat Rai Vs. Lala Tulshi Prasad - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in125Ind.Cas.581
AppellantLala Ulfat Rai
RespondentLala Tulshi Prasad
Cases ReferredNaubat Singh v. Baldeo Singh
Excerpt:
civil procedure code (act v of 1908), section 104(2), order vii, rule 10 - order returning plaint--appeal--order of remand to trial court, whether appealable. - interpretation of statutes definition clause: [markandey katju & h.l. dattu, jj] meaning given to an expression in one statute cannot be applied to another statute......of civil procedure. au appeal was preferred by the plaintiff to the district judge which was an appeal expressly allowed by order xliii, rule 1, clause (a). the learned district judge has taken a contrary view and held that the civil court had jurisdiction to try the suit. he has accordingly remanded the case which is an order passed by him in appeal. section 104, sub-section (2) expressly prohibits any further appeal from this order. the case is covered fully by the ruling in naubat singh v. baldeo singh 9 ind. cas. 666 : 33 a. 479 : 8 a.l.j. 12. as the learned district judge had jurisdiction to dispose of the matter and has not acted with any material irregularity in the exercise of his jurisdiction, we cannot interfere in revision. the appeal is accordingly dismissed with costs.....
Judgment:

1. This appeal has been filed from an order of the District Judge remanding the case to the trial Court. The Court of first instance held that the suit was not cognizable by the Civil Court and ordered that the plaint should be returned for presentation to the proper Court. The order was obviously passed under Order VII, Rule 10 of the Code of Civil Procedure. Au appeal was preferred by the plaintiff to the District Judge which was an appeal expressly allowed by Order XLIII, Rule 1, Clause (a). The learned District Judge has taken a contrary view and held that the Civil Court had jurisdiction to try the suit. He has accordingly remanded the case which is an order passed by him in appeal. Section 104, Sub-section (2) expressly prohibits any further appeal from this order. The case is covered fully by the ruling in Naubat Singh v. Baldeo Singh 9 Ind. Cas. 666 : 33 A. 479 : 8 A.L.J. 12. As the learned District Judge had jurisdiction to dispose of the matter and has not acted with any material irregularity in the exercise of his jurisdiction, we cannot interfere in revision. The appeal is accordingly dismissed with costs including in this Court fees on the higher scale.


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