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1934 Supreme(All) 87

BENNET
Ram Charan Das – Appellant
Versus
Mt. Nazeeran – Respondent


ORDER

Bennet, J. - This is an application in civil revision in which the only ground argued was one of jurisdiction the allegation being that the trial Court had no jurisdiction to entertain the suit. I Should have thought that the relief asked would be the usual one that the plaint should be returned under these circumstances to the plaintiff for presentation to the proper Court but the relief asked in this revision is that this Court will dismiss the suit. That would be impossible if this Court agreed that the trial Court had no jurisdiction. Another point to be noted is that the decree in question was passed by an Assistant Collector dismissing the suit of the plaintiff and directing the parties to bear their own costs. The plaintiff has not brought this application in revision but the application in revision is brought, by Ram Charan Das, defendant, and lie again asks the Court to do what the lower Court has already done, that is, to dismiss the suit. The trial Court had found that the deed of sale was executed prematurely and before the theka money had fallen due. This finding, I am told, has been reversed by the District Judge in first appeal and the District Judge has remande

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