SURENDRA CHANDRA DAS Vs. FORMUZ ALI

JUDGEMENT

(1.) THIS is an application under S. 115, Civil P.C., seeking to revise an order, dated 6 -2 -1950 passed by the learned Munsiff of Nowgong upon an application made to him on behalf of the Plaintiff Opposite Party under O. 47, R. 1, Civil P.C., and S. 151, Civil P.C.

(2.) THE facts material to the revision application are these. The plaintiff, one Hazi Formaz Ali, brought a suit against the defendant applicant, Surendra Chandra Das, for ejectment, in the Court of the Munsiff of Nowgong. The Munsiff of Nowgong dismissed the plaintiff's suit with costs by his judgment, dated 30 -11 -1948. The plaintiff preferred an appeal against the judgment and decree of the learned Munsiff of Nowgong, and Mr. S.K. Das who heard the appeal, allowed it and decreed the plaintiff's suit for ejectment, but remanded the case to the Munsiff of Nowgong after framing an issue in these terms:

(3.) IT is plain that the learned Munsiff has by his order allowing the review application reinterpreted the order of the learned Second Additional Judge, A.V.D., dated 38 11 -1946, as an order which did not require the learned Munsiff to submit his finding and evidence on the issue remanded to him by the First Appellate Court. We do not think the learned Munsiff was competent to review his original order directing the submission of the finding on the issue remanded to him by the First Appellate Court, having regard to the terms of O. 47, R. 1, Civil P.C. An erroneous interpretation of an order of remand resulting in a particular order passed by the Court to which the matter has been remanded, is not a ground for review within the meaning of O. 47, R. 1, Civil P.C.