CHHOTOO LAL Vs. MTBIBI SAKINA

JUDGEMENT

(1.) In this case the learned District Judge acting under the provisions of Order 41, Rule 11 has dismissed the appeal summarily.

(2.) The present second appeal is against that order dated 24th June 1935. It has been held by a Division Bench of this Court in Makhu Sahu v. Kamta Prasad A.I.R.1934. Pat. 341 that the Court of the District Judge has jurisdiction to dismiss an appeal summarily and in such circumstances no second appeal is entertainable by the High Court.

(3.) The same view was followed by Wort J. as Chief Justice sitting with Dhavle J. in Mahabir Das v. Sadho Choudhuri A.I.R.1936. Pat. 505.