Mumbai Court June 1884 Judgments

Dhondi Jagannath Vs. the Collector of Salt Revenue and the Secretary o ...

Court: Mumbai

Reported in: (1885)ILR9Bom28

Charles Sargent, C.J.1. During the hearing of this appeal, the appellant, finding his own appeal to be hopeless, claimed the right to withdraw his appeal in order to prevent the respondent's objections being heard. In Venkataramanaya v. Kuppi Mad. H.C.R. 302, the Court refused to allow the appellant under similar circumstances to withdraw his appeal; and we think that case was rightly decided. Both under Section 3,48 of the Code of Civil Procedure of 1859 and Section 561 of the present Civil Procedure Code the respondent is entitled 'upon the hearing of the appeal to take any objections which he would have taken by appeal; 'and, therefore, as a necessary consequence, to have those objections heard and -determined. When once the hearing of the appeal has commenced, the respondent's right to take his objections, which, up to the time of the hearing was an inchoate right, becomes perfected. Such is the distinction drawn by the Court of Calcutta in Coomar Puresh Narain Roy v. R. Watson & C...