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1951 Supreme(HP) 10

CHOWDHRY
Kewal Ram – Appellant
Versus
Bhagwan Dass – Respondent


Advocates:
Kewal Ram v. Bhagwan Dass Man Mohan Nath-for Petnr.; K.C. Pandit - for Resps.

Order. -This is a deft.s application in revision against the judgment and decree of the Senior Subordinate Judge of Jubbal dated 26-10-1950, dismissing his appeal and affirming the judgment and decree of the Subordinate Judge of Jubbal, dated 27-6-1950, whereby the pltfs.-resps. were granted a decree for possession of three his was and fourteen biswansis of land and for a mandatory injunction to the deft.-applicant to demolish a wall. The revision has been filed under para. 35 (1) (a), Himachal Pradesh (Courts) Order, 1948.

2. A preliminary objection was taken on behalf of the pltfs.-resps. that the provisions of the Himachal Pradesh (Courts) Order are not applicable, but those of the Code of Civil Procedure, and that under S. 115 of the Code the present revision is not maintainable. It is necessary to dispose of this preliminary objection since provisions relating to appeals and revisions in the said Order are different from those in the Code.

3. Before proceeding further, it would be as well to set forth here in brief the salient points of difference with regard to the above provisions. Provisions relating to first appeals are contained in para. 31 in the Himachal Pradesh (Courts)



















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