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1935 Supreme(All) 114

C. J, SULAIMAN
Shiva Prasad – Appellant
Versus
Pahlad Singh – Respondent


JUDGMENT

Sulaiman, C.J. - This is an application in revision from orders passed by the First Subordinate Judge of Meerut. After deciding a civil suit the Munsif had made a complaint against the defendant in respect of suspected forgery committed by him and as also certain false statements made in the course of the suit, but had refused to make any complaint against the witnesses for the defendant. The defendant appealed to the District Judge in respect of the complaint made against him and the plaintiff filed appeals to that Court against the witnesses against whom no complaint had been made. The learned District Judge transferred all these appeals to the Court of the First Subordinate Judge to dispose of them. He declined to make any complaint against the witnesses and also directed the withdrawal of the complaint against the defendant. In revision the plaintiff-applicant prays that the orders be set aside as having passed without jurisdiction. No doubt inasmuch as the proceeding has arisen out of a suit decided by a Munsif, it is a matter of a civil nature and Section 439, Criminal P.C. would not be applicable, but, Section 115, Civil P.C. only applies: See In the matter of Bhup K

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