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Ameechand NagIn Doss and Co. and ors. Vs. Raoji Bhai Moti Bhai Patel and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1928Mad233a
AppellantAmeechand NagIn Doss and Co. and ors.
RespondentRaoji Bhai Moti Bhai Patel and ors.
Cases ReferredRaghunath Prasad Singh v. Deputy Commissioner of Pratabgarh
Excerpt:
- .....on the original side. the question to be determined therefore is does the appeal involve some substantial point of law? mr. venkatachari contends that a point of law decisive of the case is a substantial question within section 110; in other words, although the point of law may be obviously untenable, if the decision in the case turns upon it, that point would be a substantial point of law. for this position he relies upon raghunath prasad singh v. deputy commissioner of pratabgarh but we are clearly of the opinion that it does not support his contention. the case does not fulfil the requirements of section 109(a) and (b) and section 110, and leave is refused. the petition is dismissed with taxed costs of the respondent.2. c.m.p. 2594 of 26. the review petition is not pressed and is.....
Judgment:

1. The judgment of this Court confirmed that of the learned trial Judge on the original side. The question to be determined therefore is Does the appeal involve some substantial point of law? Mr. Venkatachari contends that a point of law decisive of the case is a substantial question within Section 110; in other words, although the point of law may be obviously untenable, if the decision in the case turns upon it, that point would be a substantial point of law. For this position he relies upon Raghunath Prasad Singh v. Deputy Commissioner of Pratabgarh but we are clearly of the opinion that it does not support his contention. The case does not fulfil the requirements of Section 109(a) and (b) and Section 110, and leave is refused. The petition is dismissed with taxed costs of the respondent.

2. C.M.P. 2594 of 26. The review petition is not pressed and is dismissed, but without costs.


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