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Than Singh Vs. Chundun Singh and ors.

Than Singh vs Chundun Singh and ors.

Type Court Judgment Court Kolkata Decided Feb 11, 1885
~1 min read
https://sooperkanoon.com/case/867186

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Citation
Court
Kolkata
Judge
Decided On
Subject
Civil

Case Summary

AI-generated summary - not the official court judgment text.

Review of judgment - Special appeal from order passed by Appellate Court on appeal from order granting a review of judgment--Civil Procedure Code (Act XIV of 1882), Sections 624, 626 and 629. -

Key legal issue
Civil

Parties & Advocates

Appellant / Petitioner

Than Singh

Respondent

Chundun Singh and ors.

Legal References

Reported In
(1885)ILR11Cal296

Excerpt

review of judgment - special appeal from order passed by appellate court on appeal from order granting a review of judgment--civil procedure code (act xiv of 1882), sections 624, 626 and 629. - mitter and trevelyan, jj.1. we are of opinion that in both these cases no second appeal lies. the suit of the plaintiff against the defendants was dismissed by the munsiff. the plaintiff then filed an application for review, and that application was granted by the munsiff. an appeal was preferred by the defendants against the order, granting a review under section 629 of the code of civil procedure. the district judge set aside the order granting the review so far as the respondents in second appeal no. 2925 were concerned, but affirmed the order so far as the appellant in appeal no. 296 was concerned. against the order of the district judge, passed under section 629, these two appeals have been preferred. there is no provision in the code which allows a second appeal against the order passed on appeal under section 629. both these appeals are, therefore, dismissed without costs.

Full Judgment

Mitter and Trevelyan, JJ.

1. We are of opinion that in both these cases no second appeal lies. The suit of the plaintiff against the defendants was dismissed by the Munsiff. The plaintiff then filed an application for review, and that application was granted by the Munsiff. An appeal was preferred by the defendants against the order, granting a review under Section 629 of the Code of Civil Procedure. The District Judge set aside the order granting the review so far as the respondents in second appeal No. 2925 were concerned, but affirmed the order so far as the appellant in appeal No. 296 was concerned. Against the order of the District Judge, passed under Section 629, these two appeals have been preferred. There is no provision in the Code which allows a second appeal against the order passed on appeal under Section 629. Both these appeals are, therefore, dismissed without costs.

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