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Bhakta Mahto Vs. Thakur Udit NaraIn Singh Deo - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in25Ind.Cas.899
AppellantBhakta Mahto
RespondentThakur Udit NaraIn Singh Deo
Excerpt:
chota nagpur tenancy act (vi of 1908) - remand by judicial commissioner--appeal, whether competent--revision. - 1. this is a suit decided in appeal by the judicial commissioner of chota nagpur in which he remands the case tried by the deputy collector of singbhum. the order of remand comes before us on appeal. but as it appears that none of the provisions of the code of civil procedure has been incorporated, as they might have been, in the chota nagpur tenancy act, we hold that this appeal is incompetent. an application has been made to us that we should now interfere in revision on the ground that this remand has been made without jurisdiction. we are, however, in this difficulty that we cannot consider the correctness of the law laid down by the judicial commissioner, and putting that on one side we cannot interfere with the order of remand.2. the result is that this appeal is dismissed with.....
Judgment:

1. This is a suit decided in appeal by the Judicial Commissioner of Chota Nagpur in which he remands the case tried by the Deputy Collector of Singbhum. The order of remand comes before us on appeal. But as it appears that none of the provisions of the Code of Civil Procedure has been incorporated, as they might have been, in the Chota Nagpur Tenancy Act, we hold that this appeal is incompetent. An application has been made to us that we should now interfere in revision on the ground that this remand has been made without jurisdiction. We are, however, in this difficulty that we cannot consider the correctness of the law laid down by the Judicial Commissioner, and putting that on one side we cannot interfere with the order of remand.

2. The result is that this appeal is dismissed with costs, the hearing fee being assessed at one gold mohur.


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