The Indian Law Reports; Containing Cases Determined by the High Court at Allahabad and by the Supreme Court of India on Appeal Therefrom. Allahabad Series Volume 10

The Indian Law Reports; Containing Cases Determined by the High Court at Allahabad and by the Supreme Court of India on Appeal Therefrom. Allahabad Series Volume 10

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...But whilst I held this, I am of opinion that that order benefits the case of the decree-holderd-respondents';v because it piecludes us from holding that the decree of this Court, which the decree-holders unsuccessfully sought to amend, is in need of any amendmentmr is incapable of execution. The decree was simply a decree of afiirmance and contained no mandatory part expressly declaring the right sought to be enforced.'-'and Oldfield, J., no doubt, therefore, thought that, since the decree gave full 'effect to the judgment of this Court, it was a sufiiciently accurate decree so long as it dismissed the appeal with which it dealt. Having so far dealt with the specific questions enunciated in the order of reference, .I will deal briefly with the remaining part of the argument addressed by the learned Pandit in support of the application for revision. I understood the learned pleader to argue that because in s. 624 of the Code reference is made to " some clerical error apparent on the face of the decree," and such clerical error is also mentioned in s. 206, therefore the application for amendment granted by the Subordinate Judge must be taken to be an application for review of judgment, such as could not be entertained by a Judge other than the one who passed the original decree, and that, therefore, the order of the Subordinate Judge must be set aside in 293 revision. Now, in the first place, if the argument is to be accepted, this application for revision which has been made under s. 622', would require dismissal, because under the second paragraph cf s. 629 an appeal would lie to this Court, and no such application for revision could therefore be made. In the next place, I think Mr. Dwarka Nath Banerji was...show more

Product details

  • Paperback | 694 pages
  • 189 x 246 x 35mm | 1,220g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236845307
  • 9781236845306