Kolkata Court March 1912 Judgments

Gajraj Das and anr. Vs. Kripa Sindhu Das

Court: Kolkata

Reported in: 14Ind.Cas.160

1. This was an appeal from an order of the Commissioner of Orissa passed in appeal from an order of a Subordinate Officer exercising the powers of a Deputy Commissioner made under Section 136-G. of the Central Provinces Land Revenue Act, 1881. A preliminary objection is taken that no appeal lies.2. Section 136 H of the Central Provinces Land Revenue Act, as it originally stood, laid down that these decrees should 'be open to appeal as if passed by the Court of the Deputy Commissioner acting as a Court of Civil Judicature of first instance under the Central Provinces Civil Courts Act, 1885.'3. At that time (1889), the Civil Courts Act, 1885, was in force and under it there was a Court of a Deputy Commissioner from which appeals lay to the Court of the Commissioner (Sections 4 and 7.)4. This Act was repealed by Act II of 1904. Under this, there was no Court of a Deputy Commissioner but a District Court. If Sections 6 and 10 of the Act of 1585 be compared with Section 13 of the Act of 190...