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Gooroo Prasanno Lahiri and anr. Vs. Ambikamoyi Dasya and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in2Ind.Cas.636a
AppellantGooroo Prasanno Lahiri and anr.
RespondentAmbikamoyi Dasya and anr.
Cases ReferredKalikristo Paul v. Ramchunder Nag
Excerpt:
letters patent, clause 15 - judgment--remand order. - 1. this is an appeal presented against a judgment passed by mr. justice lal mohan doss, and a preliminary objection has been taken that as the learned judge has merely remanded the case for trial of certain issues of fact no appeal is competent. in support of this contention, the decision in kalikristo paul v. ramchunder nag 8 c. 147 has been cited. this is a case which apparently has always governed the practice of this court, and we think it cannot be distinguished from that before us now. we, therefore, allow the objection and dismiss the appeal with costs. but in order that the appellant before us shall not be prejudiced, the case on remand should again come before a single judge.
Judgment:

1. This is an appeal presented against a judgment passed by Mr. Justice Lal Mohan Doss, and a preliminary objection has been taken that as the learned Judge has merely remanded the case for trial of certain issues of fact no appeal is competent. In support of this contention, the decision in Kalikristo Paul v. Ramchunder Nag 8 C. 147 has been cited. This is a case which apparently has always governed the practice of this Court, and we think it cannot be distinguished from that before us now. We, therefore, allow the objection and dismiss the appeal with costs. But in order that the appellant before us shall not be prejudiced, the case on remand should again come before a single Judge.


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