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Sashi Bhusan Bera Vs. Raghunath Mandal and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in57Ind.Cas.785
AppellantSashi Bhusan Bera
RespondentRaghunath Mandal and ors.
Excerpt:
review - appeal, subsequent filing of, whether takes away jurisdiction of court to hear application for review--procedure. - 1. in this case the court below refused to hear an application for review on the ground that an appeal was filed.2. the application for review appears to have been made on the 28th september 1918 and the appeal was filed on the 1st october 1918. that appeal has not yet been heard.3. the subsequent presentation of the appeal did not take away the jurisdiction of the court to hear the application for review.4. the order of the lower court, therefore, must be set aside and that court must proceed to hear the application for review.5. the petitioner, however, must apply to the lower appellate court for stay of the hearing of the appeal until the disposal of the application for review.6. let the order be sent down without delay.
Judgment:

1. In this case the Court below refused to hear an application for review on the ground that an appeal was filed.

2. The application for review appears to have been made on the 28th September 1918 and the appeal was filed on the 1st October 1918. That appeal has not yet been heard.

3. The subsequent presentation of the appeal did not take away the jurisdiction of the Court to hear the application for review.

4. The order of the lower Court, therefore, must be set aside and that Court must proceed to hear the application for review.

5. The petitioner, however, must apply to the lower Appellate Court for stay of the hearing of the appeal until the disposal of the application for review.

6. Let the order be sent down without delay.


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