DEBENDRA NATH DAS Vs. BIBUDHENDRA MANSINGH

JUDGEMENT

(1.) This is an application for a certificate that, as regards amount or value and nature, the case fulfills the requirements of Section 110 of the Code of Civil Procedure, or that it is otherwise a fit one for appeal to His Majesty in Council.

(2.) To ascertain the amount or value, the matter was referred to the Court of first instance (Order XLV, Rule 5). That Court has determined the amount or value and has returned its report, according to which the amount or value exceeds Rs. 10,000. We see no reason to dissent from that determination.

(3.) It only remains to be seen whether as regards nature the requirements of Section 110 are fulfilled. The Court of first instance as well as the lower Appellate Court decided adversely to the present applicant. On appeal to the High Court, a single Judge reversed the decree of the lower Appellate Court. From this judgment of a single Judge there was an appeal to the High Court under Clause 15 of the Charter, with the result that the judgment of the single Judge was reversed by a Bench of two Judges. It will thus be seen that the first judgment of the High Court reversed the decree of the Court immediately below, but that this reversal was afterwards in effect cancelled, with the result that the only effective judgment of the High Court affirmed the decision of the Court immediately below (section 110, Civil Procedure Code).