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Braja Mohan Mandal Vs. Thakur Das Nath and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in4Ind.Cas.732
AppellantBraja Mohan Mandal
RespondentThakur Das Nath and anr.
Excerpt:
second appeal, ground of - mistake as to meaning of portion of evidence in writing--civil procedure--code (act xiv of 1882), section 584. - 1. it has been decided in nowbut singh v. chutterdharee singh 19 w.r. 222 that special appeal does not lie because some portions of the evidence may be in writing and the judge makes a mistake as to the meaning of it. the whole of the argument on this appeal has been that the judge has made a mistake as to the meaning of a document. even if that argument had firmer foundation than it has, still we should be compelled to hold on the authority of this decision that no appeal lies in this case. we think mr. justice brett had no powers to vary the decree of the lower appellate court we, therefore, reverse his judgment and confirm the decree of the lower, appellate court with all costs of the high court.
Judgment:

1. It has been decided in Nowbut Singh V. Chutterdharee Singh 19 W.R. 222 that special appeal does not lie because some portions of the evidence may be in writing and the Judge makes a mistake as to the meaning of it. The whole of the argument on this appeal has been that the Judge has made a mistake as to the meaning of a document. Even if that argument had firmer foundation than it has, still we should be compelled to hold on the authority of this decision that no appeal lies in this case. We think Mr. Justice Brett had no powers to vary the decree of the lower appellate Court we, therefore, reverse his judgment and confirm the decree of the lower, appellate Court with all costs of the High Court.


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