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1922 Supreme(SC) 12

VISCOUNT CAVE, LORD DUNEDIN, LORD SHAW, LORD PHILLIMORE, SIR JOHN EDGE, AMEER ALI, VISCOUNT HALDANE
CHHAJJU RAM – Appellant
Versus
NEKI – Respondent


Advocates:
Solicitors for appellant: T. L. Wilson & Co.

Judgement

Appeal (No. 77 of 192X) from two judgments of the Chief Court of the Punjab, dated July 22, 1918, and December 11, 1918, and a decree of that Court of the latter date, which affirmed a decree of the Subordinate Judge of Hissar.

Upon the appeal first coming on for hearing it appeared from the argument on behalf of the appellant, the respondents not being represented, that an important question of procedure arose as to the limits of the jurisdiction in review conferred by Order xlvii. of the Code of Civil Procedure, 1908. The hearing was thereupon adjourned and ordered to come before a full Board. The circumstances in which that question arose, and the terms of Order XLVII., rr. 1 and 5, of the Code of Civil Procedure, 1908, appear from the judgment of their Lordships. The argument upon the adjourned hearing was confined to the question of the jurisdiction in review, and was as follows.

1922. Feb. 2. Sir George Lowndes K.C., and Dube for the appellant. The Division Bench had no jurisdiction to order a review on the ground which they did—namely, because in their opinion "the judgment on appeal proceeded upon a wrong exposition of the law." The jurisdiction was exclusively th


















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