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Gurudas Kundu Chowdhury and ors. Vs. Dasa Rathi Haldar and anr. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in65Ind.Cas.512
AppellantGurudas Kundu Chowdhury and ors.
RespondentDasa Rathi Haldar and anr.
Excerpt:
civil procedure code (act v of 1908), section 115 - error of judgment or law--revision. - 1. we fail to see how we can interfere in this matter under section 115, code of civil procedure.2. two points have been raised before us, first, that the learned subordinate judge ought to have considered the question of misrepresentation and fraud on which point the court of first instance found for the defendant; and, secondly, that the district board and the co-sharer landlord of the defendant ought to have been made parties to this suit.3. apparently, both these points have been satisfactorily dealt with by the learned subordinate judge. but if he had committed any error of judgment or of law this court cannot interfere under section 115, code of civil procedure.4. the rule is, therefore, discharged with costs. hearing-fee one gold mohur.
Judgment:

1. We fail to see how we can interfere in this matter under Section 115, Code of Civil Procedure.

2. Two points have been raised before us, first, that the learned Subordinate Judge ought to have considered the question of misrepresentation and fraud on which point the Court of first instance found for the defendant; and, secondly, that the District Board and the co-sharer landlord of the defendant ought to have been made parties to this suit.

3. Apparently, both these points have been satisfactorily dealt with by the learned Subordinate Judge. But if he had committed any error of judgment or of law this Court cannot interfere under Section 115, Code of Civil Procedure.

4. The Rule is, therefore, discharged with costs. Hearing-fee one gold mohur.


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