MAGANLAL MULJI Vs. BHOGILAL NARANJI

JUDGEMENT

(1.) THE decision of the Subordinate Judge having been under Section 295 of the old Civil Procedure Code, no appeal lay. see Kashiratn V/s. Mani Ram (1892) I.L.R. 14 All, 120, Jagadish Chandra Shah V/s. Kripa Nath Shah (1889) I.L.R. 17 Cal. 48. THErefore the lower appellate Court had no jurisdiction to deal with the appeal. But it appears that the question of jurisdiction was not raised before it. THErefore we make the rule absolute with costs of this application, but not with the costs of the appeal in the lower appellate Court.