RAJBALLAM SINGH Vs. MADHUSUDAN PRASAD SINGH

JUDGEMENT

(1.) It appears that the petitioner had filed an appeal in the lower Court together with a petition for dispensing with copy of judgment because an appeal had been filed in an analogous case disposed of by the same judgment, a copy of which had been attached to the memorandum of appeal in that case. The applicant was nevertheless directed to file a copy of the judgment within five days and upon his default the memorandum of appeal was rejected. He then filed an application under Order 41, Rule 19, Civil P. C. and Section 161, for restoration of the appeal. The lower Court rejected the application on the ground that Section 151 was not applicable. Against this order the applicant has obtained the present rule.

(2.) The question to be determined in this case is whether the order rejecting the memorandum of appeal for failure to furnish copy of judgment constitutes a "decree" within the meaning of Section 2, Clause (2), Civil P. C.

(3.) Section 2 (2) defines a decree as