S GANGARAJU BAHADUR Vs. VRAMACHANDRA DEO MAHARAJULUM

JUDGEMENT

(1.) THE respondent contends that this application does not lie under Section 109tJ Civil Procedure Code, and this Court cannot grant leave. We think this contention is well founded. THE order sought to be appealed against was an order passed by us, on an application to pass a final decree, in terms of a preliminary decree of the Privy Council, or to transmit the records to the Subordinate Judge to pass such a decree; we made an order so transmitting, but in doing so we overruled an objection that the suit had abated. Ours was not an order passed by us on appeal, so as to fall within Clause (a) of Section 109, Civil Procedure Code; and we are not prepared, to certify the case, as a fit one for appeal, under Clause (c), as the appeal relates to a pure technicality and there is no substantial question of law involved in it.

(2.) THE petition therefore fails and is dismissed with costs.