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Narasinga Bhakshi and anr. Vs. Govinda Bhakshi and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1901)ILR24Mad62
AppellantNarasinga Bhakshi and anr.
RespondentGovinda Bhakshi and anr.
Excerpt:
civil procedure code - act xiv of 1882, sections 491, 588--attachment before judgment--compensation--appeal. - - we observe, however, that the terms of the parallel section 497, civil procedure code, are precisely similar to those of section 491, and section 588 (clause 24) provides for an appeal against an order under that section (497). the inference is that there would be no appeal but for this provision and as there is no similar provision for section 491, we must conclude that the legislature did not intend to allow an appeal against an order passed under this section......is whether an appeal lies against an order passed in regard to compensation under section 491, civil procedure code. at first sight it would appear that the order would be appealable as a decree, inasmuch as the award forma part of the decree under the express direction of the section and the order is not one of those enumerated in section 588, civil procedure code. we observe, however, that the terms of the parallel section 497, civil procedure code, are precisely similar to those of section 491, and section 588 (clause 24) provides for an appeal against an order under that section (497). the inference is that there would be no appeal but for this provision and as there is no similar provision for section 491, we must conclude that the legislature did not intend to allow an appeal.....
Judgment:

1. The question is whether an appeal lies against an order passed in regard to compensation under Section 491, Civil Procedure Code. At first sight it would appear that the order would be appealable as a decree, inasmuch as the award forma part of the decree under the express direction of the section and the order is not one of those enumerated in Section 588, Civil Procedure Code. We observe, however, that the terms of the parallel Section 497, Civil Procedure Code, are precisely similar to those of Section 491, and Section 588 (Clause 24) provides for an appeal against an order under that Section (497). The inference is that there would be no appeal but for this provision and as there is no similar provision for Section 491, we must conclude that the Legislature did not intend to allow an appeal against an order passed under this section. The second appeal must therefore to dismissed with costs.


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