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Brojo Nath Saikia and ors. Vs. Rami Deka - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1898)ILR25Cal97
AppellantBrojo Nath Saikia and ors.
RespondentRami Deka
Excerpt:
judgment - form of judgment on appeal--judgment not in conformity with law--dismissal of appeal--civil procedure code (act xiv of 1882), sections 551, 574, 584. - .....a judgment which, according to the provisions of section 574, should show the points raised, the decision upon those points, and the reasons for deciding them. there was an appeal before the court, and the judgment disposing of that appeal must, we think, be in conformity with the provisions of the code. we set aside the decision and remand the*case in order that the appeal may be disposed of according to law. the costs of this appeal will abide the result.
Judgment:

Macpherson and Ameer Ali, JJ.

1. The judgment of the Lower Appellate Court in this case is: 'Appeal rejected under Section 551 of the Code of Civil Procedure.'

2. It is contended that this is not a judgment in conformity with law, and that there is an error of procedure, which brings the case under Section 534.

3. The dismissal of an appeal under Section 551 by a Court, whose decision may be the subject of an appeal, does not, we think, relieve the Court from the necessity of writing a judgment which, according to the provisions of Section 574, should show the points raised, the decision upon those points, and the reasons for deciding them. There was an appeal before the Court, and the judgment disposing of that appeal must, we think, be in conformity with the provisions of the Code. We set aside the decision and remand the*case in order that the appeal may be disposed of according to law. The costs of this appeal will abide the result.


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