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Abirunnissa Khatoon Vs. Komurunnissa Khatoon and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1886)ILR13Cal100
AppellantAbirunnissa Khatoon
RespondentKomurunnissa Khatoon and ors.
Excerpt:
appeal - civil procedure code, sections 32 and 588, clause 2--order rejecting application to be made a party. - mitter, j.1. we are of opinion that there is no appeal in this case. all orders made under section 32 of the code of civil procedure are not appealable by the second clause of section 588, but only orders striking out or adding the name of any person as plaintiff or defendant. as the order against which this appeal has been preferred doses not come within the purview of this clause, we think there is no appeal. the appeal is rejected with costs.
Judgment:

Mitter, J.

1. We are of opinion that there is no appeal in this case. All orders made under Section 32 of the Code of Civil Procedure are not appealable by the second Clause of Section 588, but only orders striking out or adding the name of any person as plaintiff or defendant. As the order against which this appeal has been preferred doses not come within the purview of this clause, we think there is no appeal. The appeal is rejected with costs.


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