PRATAP NARAIN AGARWAL Vs. RAGHO PRASAD

JUDGEMENT

(1.) A Division Bench of this Cpurt had referred the following question to a Full Bench:-

(2.) THE respondents moved an applica tion under R. 24 of Chapter VIII of the Rules of Court stating that an appeal against the order dated 23rd December, 1967, lay to the Court of the District Judge. The present appeal to this Court was incompetent. It was prayed that the appeal be disposed of on this preliminary point. The Division Bench hearing the matter felt that the question, was of general importance and deserved to be adjudicated by a Full Bench. That is how the matter has come before this Full Bench.

(3.) THE Code of Civil Procedure, 1908, consolidates and amends the laws relat ing to the procedure of the Courts of Civil jurisdiction. In Part I it deals with suits in general. Its Part II provides for ex ecution. Part VII deals with appeals and Part VIII relates to reference, review and revision. Section 96 provides an appeal from every decree passed by any Court exercising original jurisdiction to the Court authorised to hear appeals from the decisions of such Courts. It confers a right of appeal from decrees, but does not provide the forum of appeal.