Bhagawan Dayal Sahu vs Chandulal - 1937 Supreme(Cal) 352

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1937 Supreme(Cal) 352

COSTELLO, EDGLEY
Bhagawan Dayal Sahu – Appellant
Versus
Chandulal – Respondent

JUDGMENT

Costello, Ag. C.J.

1. This is an application challenging an order made by the Subordinate Judge of Darjeeling on 29th May 1937. The matter is intituled as an application u/s 224, Government of India Act, 1936 and Section 115, Civil P.C. As regards that, we desire to say at the outset that although Section 224, Government of India Act, 1935 (not 1936 as stated) contains in effect a reproduction of the terms of Section 107 of the previous Government of India Act, it also contains a Proviso which makes it clear that Section 224 has no application of itself to legal proceedings at all. It follows therefore that if any relief is to be obtained in revision, it must be obtained u/s 115, Civil P.C., or not at all.

2. The order complained of was one refusing to stay a suit which has been started by a number of persons of the name of Shaha in the Court, of the Subordinate Judge of Darjeeling against a number of persons by the name of Agarwalla. All the plaintiffs and originally all the defendants, so we are told, resided and carried on business at Kurseong in the District of ' Darjeeling. The suit was one for the recovery of a sum of Rs. 26,855-15-0. It was instituted as long ago as 16

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