KUMAR BRIJ BAHADUR Vs. MUSAMMAT DALLO

JUDGEMENT

(1.) A preliminary objection has been taken to the hearing of this appeal on the ground that no appeal lies under Section 10 of the Letters Patent from the order of the learned Judge of this Court. We think that this objection is well founded. The final order of the learned Judge of this Court is in the following terms "I, therefore, under Section 57 read with Secs.582 and 587 of the Civil P. C. return the Memorandum of Appeal for presentation to the proper Court." The order is thus an order directing the Memorandum of Appeal to be returned for presentation to the proper Court. It was held by a Full Bench in Muhammad Naim- ullah Khan V/s. Ihsan-ullah Khan 14 A. 226 (F.B.), that an appeal under the Letters Patent does not lie against an order from which an appeal is excluded by Chapter 43 of the Civil P. C., 1882. It has been held in this Court that no appeal lies under that Chapter, that is under Section 588 which appears in that Chapter, from an order directing a Memorandum of Appeal to be returned. Therefore no appeal lies under the Letters Patent from the order complained of in this case, the order being one directing a Memorandum of Appeal to be returned. We, accordingly, allow the preliminary objection and dismiss the appeal with costs.