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Har Nandan Sahai Vs. Behari Singh - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtKolkata
Decided On
Judge
Reported in(1895)ILR22Cal3
AppellantHar Nandan Sahai
RespondentBehari Singh
Cases ReferredBombay and Persia Steam Navigation Co. v. S.S.
Excerpt:
appeal - order granting review of judgment--civil procedure code (act xiv of 1882), section 629. - .....and amrer ali, jj.1. in this case the question arises whether an appeal lay from an order of the munsif granting a review of judgment. we have heard the question argued out, and in our opinion the decision of a bench of the bombay high court in bombay and persia steam navigation co. v. s.s. 'zuari' i.l.r. 12 bom. 171, is expressly in point in this case. we see no circumstances distinguishing that case from the present one, and we see no reason for distinguishing it. if we had to decide the question ourselves we should decide it in exactly the same way. the reasons for the decision are fully given, and we entirely agree with them. in our opinion no appeal lay from the order of the munsif granting the review. we think we ought to add also that this question of granting the review was.....
Judgment:

Trevelyan and Amrer Ali, JJ.

1. In this case the question arises whether an appeal lay from an order of the Munsif granting a review of judgment. We have heard the question argued out, and in our opinion the decision of a Bench of the Bombay High Court in Bombay and Persia Steam Navigation Co. v. S.S. 'Zuari' I.L.R. 12 Bom. 171, is expressly in point in this case. We see no circumstances distinguishing that case from the present one, and we see no reason for distinguishing it. If we had to decide the question ourselves we should decide it in exactly the same way. The reasons for the decision are fully given, and we entirely agree with them. In our opinion no appeal lay from the order of the Munsif granting the review. We think we ought to add also that this question of granting the review was fully considered by the Munsif, and there were materials before him for granting the review.

2. The case must go back to the Lower Appellate Court to decide the other questions arising in the appeal. Costs will abide the result.


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