Harries, C.J.
1. In this case it is conceded that the value of the suit and the value of the appeal exceed Rs. 10,000. The appeal was allowed in part and portion of the decree of the trial Court was vacated.
2. In these circumstances it appears to us; that the decree of this Court is not a decree of affirmance but is a decree varying the decree of the Court below. That being so the appellants are entitled as of right to a certificate and accordingly we grant leave to appeal and grant as certificate under S. 110, Civil P.C.
3. Costs of this application will be costs in the appeal the hearing fee being assessed at two gold mohurs.
4. Let the supplementary affidavit filed in Court today be kept on the record.
Banerjee, J.
I agree.
Kedar Nath Mukherjee & Others v. Sree Sree Iswar Kalimata Of Kalighat & Others
Kedar Nath Mukherjee & Others v. Sree Sree Iswar Kalimata Of Kalighat & Others
(High Court Of Judicature At Calcutta)
Family Court Appeal No. 15 Of 1949 | 20-12-1949
Advocate List
Bench
- HON'BLE CHIEF JUSTICE MR. HARRIES
- HON'BLE MR. JUSTICE BANERJEE
Eq Citations
- AIR 1950 CAL 341
- LQ/CalHC/1949/356
Head Note
Civil Procedure Code, 1908 — S. 110 — Appeal to Supreme Court — Leave to appeal — When granted — Varying decree — Leave to appeal granted — Held, where the appeal was allowed in part and portion of the decree of the trial Court was vacated, the decree of the High Court is not a decree of affirmance but is a decree varying the decree of the Court below — Appellants are entitled as of right to a certificate and accordingly leave to appeal and certificate granted — Constitution of India, Art. 133
