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1 - 7 of 7 (0.24 seconds)Balmer Lawrie And Co. vs Jadunath Banerjee on 6 April, 1914
15. The first point for consideration therefore is whether an appeal lay to the District Judge against the order of the Subordinate Judge. Now an order under Section 73, Civil Procedure Code, is not appealable unless it also comes under Section 47, Civil Procedure Code and satisfies all the requirements thereof: Balmer Lawrie & Co. v. Jadunath Banerjee (1914) 42 Cal. 1. In order to be appealable, the order must therefore decide a question arising between the decree-holder Sitaram Marwari on the one-hand and the judgment-debtors, Jadab Chandra Ganguli and Anil Ku mar Hazra on the other. In deter-mining whether the order passed by the learned Subordinate Judge fulfilled these tests the cases cited at the bar do not afford us any real assistance.
Section 47 in The Indian Contract Act, 1872 [Entire Act]
The Indian Contract Act, 1872
Section 73 in The Indian Contract Act, 1872 [Entire Act]
Venkataperumal Raju Bahadur Varu, Raja ... vs Venkata Reddi And Ors. on 1 April, 1915
In cases where as between the parties to the suit a question relating to the execution, satisfaction or discharge of the decree passed therein has been decided by the order for rateable distribution, it has always been held that an appeal lies : Venkataperumal v. Venkata Reddi (1908) 36 Cal.
Sorabji Coovarji vs Kala Raghunath on 11 September, 1911
130; Sorabji Cooverji v. Kala Raghunath [1911] M.W.N. 334, In the case of Kashi Ram v. Muni Rum [1892] 14 All. 210, the Court held that; the order which was passed in that case, and by which rateable distribution was refused did not decide a question which arose between the parties to the suit in which the decree was passed or their representatives within the meaning of Section 244 of the old Code of Civil Procedure. In the case before us the order passed by the learned Subordinate Judge determined as between Sitaram Marwari on the one hand and the judgment-debtor Jadab Chandra Ganguli and Anil Kumar Hazra on the other a question was decided, on the application of Dwarkadas Marwari and Ram Kumar Marwari, as to what extent the decree under execution, was to be satisfied and therefore, in my judgment, the order came under the purview of Section 47, Civil Procedure Code, and the learned District Judge was, in my judgment, right in his view of the competency of the appeal before him.
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