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Abinash Chandra Choudhuri Vs. Osman Biswas - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in54Ind.Cas.757
AppellantAbinash Chandra Choudhuri
RespondentOsman Biswas
Cases ReferredRajendra Lal Goswami v. Hira Lal Bag
Excerpt:
civil procedure code (act v of 1908), section 115 - revision--error of law--high court, interference by--rent, suit for, dismissal of, on ground that whole holding was not described in plaint, whether error of law. - .....that any of the questions mentioned in section 153 of the bengal tenancy act that would make this decree appealable to this court has been decided in the lower courts and i must, therefore, hold that no appeal lies.2. the appellant has also obtained a rule but there has been no error of jurisdiction to justify me in exercising my revisional powers. reference has been made to the case of rajendra lal goswami v. hira lal bag 13 c.w.n. 19 (xix) notes. that case is clearly distinguish able, as the munsif dismissed the case before the date fixed for hearing without taking any evidence. here the case has been decided after full trial and dismissed on the ground that the holding for which the rent was claimed consisted of two plots but that only one had been described in the plaint. if any.....
Judgment:

Newbould, J.

1. This second appeal is against a decree dismissing a rent suit and the appeal is valued at Rs. 15-1-1 ganda. The learned Pleader for the appellant has been unable to show that any of the questions mentioned in Section 153 of the Bengal Tenancy act that would make this decree appealable to this Court has been decided in the lower Courts and I must, therefore, hold that no appeal lies.

2. The appellant has also obtained a Rule but there has been no error of jurisdiction to justify me in exercising my revisional powers. Reference has been made to the case of Rajendra Lal Goswami v. Hira Lal Bag 13 C.W.N. 19 (xix) notes. That case is clearly distinguish able, as the Munsif dismissed the case before the date fixed for hearing without taking any evidence. Here the case has been decided after full trial and dismissed on the ground that the holding for which the rent was claimed consisted of two plots but that only one had been described in the plaint. If any error was committed by the lower Appellate Court, I do not say that any error was committed, that error was an error of law and not of jurisdiction.

3. The appeal is dismissed with costs. The Rule is discharged.

4. I make no order as to costs in the Rule.


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