Bhakta Mahto vs Thakur Udit Narain Singh Deo on 5 June, 1914

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Calcutta High Court
Bhakta Mahto vs Thakur Udit Narain Singh Deo on 5 June, 1914
Equivalent citations: 25 Ind Cas 899
Bench: Stephen, Mullick

JUDGMENT

1. This is a suit decided in appeal by the Judicial Commissioner of Chota Nagpur in which he remands the case tried by the Deputy Collector of Singbhum. The order of remand comes before us on appeal. But as it appears that none of the provisions of the Code of Civil Procedure has been incorporated, as they might have been, in the Chota Nagpur Tenancy Act, we hold that this appeal is incompetent. An application has been made to us that we should now interfere in revision on the ground that this remand has been made without jurisdiction. We are, however, in this difficulty that we cannot consider the correctness of the law laid down by the Judicial Commissioner, and putting that on one side we cannot interfere with the order of remand.

2. The result is that this appeal is dismissed with costs, the hearing fee being assessed at one gold mohur.

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