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Abdul Hamid Sadagar Vs. Srimati Akhina Khatun, Daughter of Abdul Rahman - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported inAIR1919Cal1072(2),47Ind.Cas.850
AppellantAbdul Hamid Sadagar
RespondentSrimati Akhina Khatun, Daughter of Abdul Rahman
Excerpt:
civil procedure code (act v of 1908), order xliii, rule 1(v), order xlvii, rule 7 - review, order granting--appeal, whether lies. - 1. this is an appeal by the defendant against the decision of the learned subordinate judge of the first court at chittagong, dated the 16th december 1916. the appeal is preferred against an order of the learned judge granting a review of judgment. such order, though appealable under the provisions of order xliii, rule 1(w), is subject to the limitations mentioned in order xlvii, rule 7, namely, that there can be an appeal only upon the grounds mentioned in that rule. it is quite clear that the present case comes within none of the grounds mentioned in order xlvii, rule 7. that being so, no right of appeal is given to the appellant against the order of the learned judge granting a review of the judgment. the present appeal fails and must be dismissed with costs.
Judgment:

1. This is an appeal by the defendant against the decision of the learned Subordinate Judge of the First Court at Chittagong, dated the 16th December 1916. The appeal is preferred against an order of the learned Judge granting a review of judgment. Such order, though appealable under the provisions of Order XLIII, Rule 1(w), is subject to the limitations mentioned in Order XLVII, Rule 7, namely, that there can be an appeal only upon the grounds mentioned in that rule. It is quite clear that the present case comes within none of the grounds mentioned in Order XLVII, Rule 7. That being so, no right of appeal is given to the appellant against the order of the learned Judge granting a review of the judgment. The present appeal fails and must be dismissed with costs.


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