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Ramakissoor Dossji Vs. Sriranga Charlu and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1898)ILR21Mad421
AppellantRamakissoor Dossji
RespondentSriranga Charlu and ors.
Cases ReferredJogodindro Nath v. Sarut Sunduri Debi I.L.R.
Excerpt:
civil procedure code - act xiv of 1882, sections 2, 588--religious endowments act--act xx of 1863, section 18--order for payment of plaintiffs' costs out of the funds of the institution--appeal on behalf of the institution. - 1. the order of the district judge as to costs is not a 'decree' within the definition of that word in section 2, civil procedure code, nor is the order one of those enumerated in section 588, civil procedure code, as subject to appeal. no appeal therefore lies jogodindro nath v. sarut sunduri debi i.l.r. 18 cal. 322.2. we dismiss the petition with costs.
Judgment:

1. The order of the District Judge as to costs is not a 'decree' within the definition of that word in Section 2, Civil Procedure Code, nor is the order one of those enumerated in Section 588, Civil Procedure Code, as subject to appeal. No appeal therefore lies Jogodindro Nath v. Sarut Sunduri Debi I.L.R. 18 Cal. 322.

2. We dismiss the petition with costs.


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