Lukhi NaraIn Roy Chowdhry Vs. Radha Madhub Santra and ors. - Court Judgment
|Judge||O'Kinealy and ;Ameer Ali, JJ.|
|Appellant||Lukhi NaraIn Roy Chowdhry|
|Respondent||Radha Madhub Santra and ors.|
|Cases Referred||Nagendro Nath Mullick v. Mathura Mahun Parhi I.L.R.|
withdrawal of suit - civil procedure code (act xiv of 1882), section 373--withdrawal of suit without permission to bring fresh suit--application of the civil procedure code to suits in revenue courts. - ameer ali, j.1. this is an appeal from the decision of the district judge of cuttack, dated the 6th of january 1892, reversing the decision of the deputy collector.2. the narrow point for decision in this case is whether section 373 of the code of criminal civil procedure applies to suits before the revenue authorities under act x of 1859.3. we think the point has been virtually decided by the reasoning in the full bench decision in nagendro nath mullick v. mathura mahun parhi i.l.r. 18 cal. 368, in which it was held that act x of 1859, where it is still in force, is a complete code in itself.4. we, therefore, think that the decision of the lower appellate court is correct, and that this appeal should be dismissed with costs.
Ameer Ali, J.
1. This is an appeal from the decision of the District Judge of Cuttack, dated the 6th of January 1892, reversing the decision of the Deputy Collector.
2. The narrow point for decision in this case is whether Section 373 of the Code of Criminal Civil Procedure applies to suits before the Revenue authorities under Act X of 1859.
3. We think the point has been virtually decided by the reasoning in the Full Bench decision in Nagendro Nath Mullick v. Mathura Mahun Parhi I.L.R. 18 Cal. 368, in which it was held that Act X of 1859, where it is still in force, is a complete Code in itself.
4. We, therefore, think that the decision of the Lower Appellate Court is correct, and that this appeal should be dismissed with costs.