LAWS(PVC)-1923-7-94

SURAJMAN CHAUBE Vs. ANJORE SHUKUL

Decided On July 31, 1923
SURAJMAN CHAUBE Appellant
V/S
ANJORE SHUKUL Respondents

JUDGEMENT

(1.) In this case a preliminary objection has been taken to the hearing of the appeal that no second appeal is maintainable. The suit was one of a Small Cause Court nature below Rs. 500 in value and as held in Harakh Ram Sarup (1890) I.L.R. 12 All. 579 and Narayan Parmanand V/s. Nagindas Bhaidas (1905) I.L.R. 30 Bom. 113, no second appeal lies against an order of execution of a decree in a suit of that kind. The petition of appeal can, however, be treated as a petition in revision. Let the petition be therefore, removed from the register of second appeals and registered as a petition in revision and dealt with as such.

(2.) The case was then heard as an application in revision.

(3.) Hafiz Mushtaq Ahmad, for the applicant.