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1960 Supreme(All) 11

N.BEG, D.S.MATHUR
C. L. BASRA – Appellant
Versus
PEAREY LAL BASRA – Respondent


Advocates Appeared:
K.B.SINHA, K.S.Verma

MATHUR, J.

( 1 ) THIS case has been listed before us for hearing on a reference made by a single Judge, who was of opinion that there was certain conflict in earlier decisions of this Court. He not only referred the case for decision by a larger Bench but framed two questions which had to be decided. These questions are as below:

(1) Where there is an appeal under Section 6-A and the appellate court decides it, is its decision a case decided or not, and will a revision lie against that decision or not? (2) In a case where deficiency is objected to by the appellant, but the court holds that there is no deficiency; has the defendant any right of revision to this Court?

In the second question it has not been indicated as to which Court recorded the finding that there was no deficiency in court-fee: was it the appellate court deciding the appeal under Section 6-A? in case the application in revision is moved against the order of the trial court, the second question shall amount to whether the defendant can challenge by way of revision the order of the trial Court holding that there is no deficiency in court-fee? Such a question does not arise in the present case and it is not necessary t









































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