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Mohendra Nath Chakraburtty Vs. Ramtaran Bandapadhya and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in55Ind.Cas.96
AppellantMohendra Nath Chakraburtty
RespondentRamtaran Bandapadhya and ors.
Excerpt:
civil procedure code (act v of 1903), order xli, rule 23, order xliii, rule 1(u) - remand, order of, not made under order xli, rule 23--appeal, whether lies. - walmsley, j.1. a preliminary objection is taken in this case that no appeal lies. the order complained of is an order remanding the case to the first court. apparently the order is not made under order xli, rule 23, civil procedure code, and it is only against an order of remand under that rule that an appeal is allowed by the code. i think the objection must be sustained and the appeal dismissed with costs, hearing fee one gold mohur.2. the cross-objection is not pressed and is dismissed with costs. let the record be sent down at once to the lower appellate court.shamsul huda, j.3. i agree.
Judgment:

Walmsley, J.

1. A preliminary objection is taken in this case that no appeal lies. The order complained of is an order remanding the case to the first Court. Apparently the order is not made under Order XLI, Rule 23, Civil Procedure Code, and it is only against an order of remand under that rule that an appeal is allowed by the Code. I think the objection must be sustained and the appeal dismissed with costs, hearing fee one gold mohur.

2. The cross-objection is not pressed and is dismissed with costs. Let the record be sent down at once to the lower Appellate Court.

Shamsul Huda, J.

3. I agree.


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