BABAN CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Ghose at some length.

(2.) THERE is a preliminary objection as to the maintainability of the Miscellaneous Appeal. The stamp reporter thought that a Civil Revision earlier filed was not maintainable in view of Order XLIII, Rule 1(r) of the Code of Civil Procedure. The stamp reporter failed to notice the provision of Section 104(2) of the Code of Civil Procedure which reads thus:

(3.) SECTION 104(2) of the Code of Civil Procedure bars an appeal from order passed in an appeal against an order like the one under Order XLIII Rule 1(r).