Mohendra Nath Chakraburtty v. Ramtaran Bandapadhya And Ors

Mohendra Nath Chakraburtty v. Ramtaran Bandapadhya And Ors

(High Court Of Judicature At Calcutta)

| 19-06-1919

Authored By : H. Walmsley, Syed Shamsul Huda

H. Walmsley, J.

1. A preliminary objection is taken in this case that noappeal lies. The order complained of is an order remanding the case to thefirst Court. Apparently the order is not made under Order XLI, Rule 23, CivilProcedure Code, and it is only against an order of remand under that rule thatan appeal is allowed by the Code. I think the objection must be sustained andthe appeal dismissed with costs, hearing fee one gold mohur.

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

Syed Shamsul Huda, J.

3. I agree.

.

Mohendra Nath Chakraburttyvs. Ramtaran Bandapadhya and Ors.(19.06.1919 - CALHC)



Advocate List
Bench
  • H. Walmsley
  • Syed Shamsul Huda, JJ.
Eq Citations
  • 55 IND. CAS. 96
  • LQ/CalHC/1919/326
Head Note

Civil Procedure Code, 1908 — S. 100 — Remand order not made under Or. 47 R. 23 CPC — No appeal thereagainst — Appeal dismissed — Order XLI R. 23 CPC — Scope of