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Grish NaraIn Moonshee Vs. Noimollah Pramanick - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1882)ILR8Cal674
AppellantGrish NaraIn Moonshee
RespondentNoimollah Pramanick
Excerpt:
second appeal - remand--civil procedure code (act x of 1877), sections 562 and 588, clause 28. - .....us in this appeal is, that it being an appeal from an order under section 562 of the code of civil procedure remanding the case, the appellant in second appeal is entitled to ask us to consider the facts on which the lower appellate court passed the order of remand. it appears to us that this is altogether opposed to the principle of the code of civil procedure, which, except in the cases provided for in chap. xlii, allows no second appeal. as we understand section 588, clause 28, we are competent merely to consider whether, on the findings of fact by the lower appellate court, that court was right in remanding the case under section 562. it would be a striking anomaly if it were possible, on an appeal such as this against an interlocutory order, for us to do more than we could do.....
Judgment:

Prinsep, J.

1. The only ground taken before us in this appeal is, that it being an appeal from an order under Section 562 of the Code of Civil Procedure remanding the case, the appellant in second appeal is entitled to ask us to consider the facts on which the lower Appellate Court passed the order of remand. It appears to us that this is altogether opposed to the principle of the Code of Civil Procedure, which, except in the cases provided for in chap. xlii, allows no second appeal. As we understand Section 588, Clause 28, we are competent merely to consider whether, on the findings of fact by the lower Appellate Court, that Court was right in remanding the case under Section 562. It would be a striking anomaly if it were possible, on an appeal such as this against an interlocutory order, for us to do more than we could do against the final order passed in the same case,--that is to say, to deal with findings of fact by the lower Appellate Court.

2. We dismiss this appeal with costs.


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