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Hurbuns Sahay and anr. Vs. Thakoor Persad - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1884)ILR10Cal108
AppellantHurbuns Sahay and anr.
RespondentThakoor Persad
Excerpt:
appeal - letters patent, clause 15--difference of opinion between judges in review. - tottenham, j.1. we think this appeal should be dismissed with costs upon the preliminary ground taken by the pleader for the respondent, viz., that the judges of the division bench, having concurred in the final decree, no appeal lies under the letters patent.2. the fact that one of the judges was inclined to let the whole case be reopened on review, while the senior judge thought that it should be limited to one point, does not entitle the parties to an appeal from the order so limiting it; and it appears to us that we have no authority to pronounce any opinion as to the correctness or otherwise of that order.
Judgment:

Tottenham, J.

1. We think this appeal should be dismissed with costs upon the preliminary ground taken by the pleader for the respondent, viz., that the Judges of the Division Bench, having concurred in the final decree, no appeal lies under the Letters Patent.

2. The fact that one of the Judges was inclined to let the whole case be reopened on review, while the senior Judge thought that it should be limited to one point, does not entitle the parties to an appeal from the order so limiting it; and it appears to us that we have no authority to pronounce any opinion as to the correctness or otherwise of that order.


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