| Citation(s) |
|---|
| 1957 SLG 4041 = 1957 SLD 4041 = 1957 PLD 305 |
Dacca High Court
Appeals from Appellate Orders Nos. 10 and 11 of 1954, against the Orders of S. N. Chakraborty, District Judge, Chittagong, dated the 18th June 1953, in Other Appeals Nos. 120 and 124 of 1952, respectively modifying the Decrees of Meerza Zafar Bukht, Subordinate Judge, 1st Court Chittagong, dated the 24th January 1952, in Other Suit No. 19 of 1949, decided on 15th July 1955.
Presented By: Amin Ahmed, Acting C. J. and Rahman, J
N. C. Nandi for Appellant. Ahmad Sobhan for
Respondent No. 1 in S. M. A. No. 10 of 1954 and
Respondent No. 3 in S. M. A. No. 11 of 1954. J. B. Nag Das for
Respondent No. 2 in S. M. A. No. 10 Of 1954 and
Respondent No. 1 (Cross-Objector) in S. M. A. No. 11 of 1954.
Appeals from Appellate Orders Nos. 10 and 11 of 1954, against the Orders of S. N. Chakraborty, District Judge, Chittagong, dated the 18th June 1953, in Other Appeals Nos. 120 and 124 of 1952, respectively modifying the Decrees of Meerza Zafar Bukht, Subordinate Judge, 1st Court Chittagong, dated the 24th January 1952, in Other Suit No. 19 of 1949, decided on 15th July 1955.
Presented By: Amin Ahmed, Acting C. J. and Rahman, J
N. C. Nandi for Appellant. Ahmad Sobhan for
Respondent No. 1 in S. M. A. No. 10 of 1954 and
Respondent No. 3 in S. M. A. No. 11 of 1954. J. B. Nag Das for
Respondent No. 2 in S. M. A. No. 10 Of 1954 and
Respondent No. 1 (Cross-Objector) in S. M. A. No. 11 of 1954.
NAWAB MEAN CHOWDHURY---Appellant
VERSUS
BEGUM SYEDA BADRUNNESSA and others ---Respondents
Law: Civil Procedure Code (V of 1908)
Section: 151,115
Civil Procedure Code (v of 1908), O. XLI, r. 23-Remand order on point other than preliminary point-Whether appeal-able under O. XLIII, r. 1 (u)-Civil Procedure Code (V of 1908), Ss. 151 & 115. The provisions of O. XLI, r. 23, enable the Appellate Court to remand the case only in those cases where the Court of the first instance has disposed of the suit on a preliminary point and that decision is reversed in appeal. Hence an order of remand on a point other than a preliminary point is not appeal-able under O. XLIII, r. 1 (u) of the Civil Procedure Code. Although in such a case an appeal does not lie yet if the remand order is without jurisdiction, the High Court will set aside the same in the exercise of its revisional jurisdiction under section 115 of the Civil Procedure Code. Case-law reviewed. JUDGMENT AMIN AHMAD, A. C. J.-----This Appeal by the plaintiff is from a decision of the District Judge of Chittagong in Other Appeals Nos. 120 and 124 of 1952, modifying and remanding a decision of the Subordinate Judge, 1st Court, Chittagong. It arises out of a suit for specific performance of contract in respect of sale of land with structures thereon. The facts of the case may be briefly stated as follows: The properties in question belonged to one Dalildar Rahman. He died leaving his widow Maqsuda Khatun (defendant No. 3), his two sons, Ejazuddin (defendant No. 1) and Imamuddin (defendant No. 2), and his daughter Badrunnessa (defendant No. 4). After Dalildar Rahman's death, his son Ejazuddin used to manage all the properties on behalf of his mother and his brother and sister, that is, all the other defendants. On the 6th of March 1948, Ejazuddin entered into an agreement for sale of the disputed Property to the plaintiff, on behalf of and with the full knowledge and consent of the other defendants, for Rs. 4,000 and by way of earnest money he also received from the plaintiff Rs. 1,400, and his brother Imamuddin received Rs. 264-10-0. The plaintiff was also put in possession of the Disputed property and the title deeds were also made over To the plaintiff. On the 4th of June 1948, Ejazuddin's mother, Maqsuda…