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Roghu Singh Vs. Misri Singh and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1894)ILR21Cal825
AppellantRoghu Singh
RespondentMisri Singh and anr.
Excerpt:
appeal - bengal tenancy act (viii of 1885), section 173--order setting aside sale in execution of decree for rent. - ghose and gordon, jj.1. we think that the learned district judge was right in holding that no appeal lay against an order setting aside a sale under section 173 of the bengal tenancy act. the order in question could not be regarded as a 'decree' as defined by the code of civil procedure, nor could it fall within section 244 of that code, because the appellant was an outsider, and not a party to the suit in which the decree was made. the bengal tenancy act itself does not provide for an appeal against an order like this, and we are not aware of any provision in the civil procedure code allowing an appeal against such an order.2. that being so, this appeal will be dismissed with costs.
Judgment:

Ghose and Gordon, JJ.

1. We think that the learned District Judge was right in holding that no appeal lay against an order setting aside a sale under Section 173 of the Bengal Tenancy Act. The order in question could not be regarded as a 'decree' as defined by the Code of Civil Procedure, nor could it fall within Section 244 of that Code, because the appellant was an outsider, and not a party to the suit in which the decree was made. The Bengal Tenancy Act itself does not provide for an appeal against an order like this, and we are not aware of any provision in the Civil Procedure Code allowing an appeal against such an order.

2. That being so, this appeal will be dismissed with costs.


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