SMT. PURNAMASI DEVI Vs. DANGI DEI AND ORS.

JUDGEMENT

(1.) PLAINTIFF obtained a decree in a suit under Section 6 of the Specific Relief Act, 1963 (hereinafter referred to as the Act'). Defendant preferred an appeal against the said decree. Appellate Court having entertained and allowed the appeal setting aside the decree on the ground that the suit is not maintainable, this Civil Revision has been filed.

(2.) LEARNED Counsel for the Petitioner raises the only question that appeal is not maintainable and appellate Court had no jurisdiction to interfere with the decree even if the same is assumed to be wrong. To appreciate the contention of the Petitioner, Section 6 of the Act is to be perused which reads as follows:

(3.) IN the result, Civil Revision is allowed. Appellate judgment is set aside and the matter is remitted back to the appellate Court for consideration whether the appeal is maintainable. No costs.