HURSOOK DASS Vs. KISHORI MOHUN RAI

JUDGEMENT

(1.) It was contended by the appellant's counsel, Mr. Woodroffe, that the learned Judge had altogether misunderstood the nature of this suit; that it was a suit of a peculiar nature brought under Section 283¹ of the Civil Procedure Code; and that it was in the nature of an appeal from the decision of the Subordinate Judge.

(2.) Mr. Woodroffe went so far as to insist that the judgment of the Subordinate Judge, as well as the proceedings in the claim case, were as much the subject of appeal before Mr. Justice Wilson, when he tried this cause, as Mr. Justice Wilson'S judgment, and the proceedings in this case are now before us for the purposes of this appeal.

(3.) In support of this view, Mr. Woodroffe referred us to the case of Mitchell v. Mathura Dass I.L.R. 8 All. 6 decided by the Privy Council on the 19th of June 1885.