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Bishnate Singh Vs. Musammat Ram Sri - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in76Ind.Cas.525
AppellantBishnate Singh
RespondentMusammat Ram Sri
Excerpt:
civil procedure code (act v of 1908), section 115, order xli, rule 23 - remand, order of--revision, whether lies. - rafique, j.1. this is an application in revision from an order of remand made by the learned district judge in the dispute between the parties. the chief objection is that the suit pending between the parties is of such a nature that it can be tried by the court of small causes only. no such objection was taken, it seems, before the first court or before the lower appellate court. a preliminary objection is taken on behalf of the opposite party that no revision lies from an order of remand. i think that the preliminary objection must prevail. the application is dismissed with costs.
Judgment:

Rafique, J.

1. This is an application in revision from an order of remand made by the learned District Judge in the dispute between the parties. The chief objection is that the suit Pending between the parties is of such a nature that it can be tried by the Court of Small Causes only. No such objection was taken, it seems, before the First Court or before the lower Appellate Court. A preliminary objection is taken on behalf of the opposite party that no revision lies from an order of remand. I think that the preliminary objection must prevail. The application is dismissed with costs.


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