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Kedar Nath Mukherjee and ors. Vs. Sree Sree Iswar Kalimata of Kalighat and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Case NumberF.C. Appeal No. 15 of 1949
Judge
Reported inAIR1950Cal341
ActsCode of Civil Procedure (CPC) , 1908 - Section 110
AppellantKedar Nath Mukherjee and ors.
RespondentSree Sree Iswar Kalimata of Kalighat and ors.
Appellant AdvocateHiralal Chakravarty and ; Saroj Kumar Maity, Advs.
Respondent AdvocatePannalal Chatterjee, Adv. for Deputy Registrar and Respondent 1, ; Nagendra Kumar Dutt, ; Satya, ; Charan Pyne, ; Ajoy Kumar Bose, ;Nalini Ranjan Bhattacharjya, ; Subodh and ; Chandra Basak, Advs.
Excerpt:
- harries, g.j.1. in this ease it is conceded that the value of the suit and the value of the appeal exceed rs. 10,000. the appeal was allowed in part and portion of the decree of the trial court was vacated.2. in these circumstances it appears to us that the decree of this court is not a decree of affirmance but is a decree varying the decree of the court below. that being so the appellants are entitled as of right to a certificate and accordingly we grant leave to appeal and grant a certificate under section 110, civil p. c.3. costs of this application will be costs in the appeal the hearing fee being assessed at two gold mohurs. 4. let the supplementary affidavit filed in court today be kept on the record.banerjee j.i agree.
Judgment:

Harries, G.J.

1. In this ease it is conceded that the value of the suit and the value of the appeal exceed RS. 10,000. The appeal was allowed in part and portion of the decree of the trial Court was vacated.

2. In these circumstances it appears to us that the decree of this Court is not a decree of affirmance but is a decree varying the decree of the Court below. That being so the appellants are entitled as of right to a certificate and accordingly we grant leave to appeal and grant a certificate under Section 110, Civil P. C.

3. Costs of this application will be costs in the appeal the hearing fee being assessed at two gold mohurs.

4. Let the supplementary affidavit filed in Court today be kept on the record.

Banerjee J.

I agree.


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