Musaji Abdulla And Others v. Damodarda's

Musaji Abdulla And Others v. Damodarda's

(High Court Of Judicature At Bombay)

| 07-02-1888

Nanabhai Haridas, J.

1. We think an appeal lies in this case. The order of the District Judge under Section 545, Civil Procedure Code, is one determining a "question... referred to in Section 244" (Clause 3), and one "not specified in Section 588" Civil Procedure Code. It is, therefore, a "decree" as defined in Section 2, Civil Procedure Code.

2. [The hearing of the appeal was then proceeded with, and, on the merits, the decree of the District Judge was confirmed with costs.]

Advocate List
Bench
  • HON'BLE JUSTICE NANABHAI HARIDAS
  • HON'BLE JUSTICE JOHN JARDINE
Eq Citations
  • ILR 1888 12 BOM 279
  • LQ/BomHC/1888/12
Head Note

Civil Procedure Code, 1908 — Ss. 545 and 588 — Appeal from order of District Judge under S. 545 — Order of District Judge under S. 545, a decree as defined in S. 2