1900 (12) TMI 1

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..... e than ₹ 4000. When this was called to Mr. Boss's attention, he relied on the allegation that a substantial point of law is involved. Their Lordships have found on previous occasions that the existence of a point of law has been supposed to give a right of appeal in the ordinary course of procedure under the Code. That is a mistake. Section 596 of the Code requires that in order to give .....

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..... ertify that a case is of that kind, though it is left entirely in the discretion of the Court, is a judicial process which could not be performed without special exercise of that discretion, evinced by the fitting certificate. 3. No such certificate has been given in this case. The certificate runs, that as regards the nature of the case, it fulfills the requirements of Section 596 of Act No. .....

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..... value was observed, had not succeeded in impressing their Lordships with the importance of his legal objection to the decree. What is certain is that the learned judges were not asked by the plaintiff to do, and have not done, anything of the kind. And as it is of great importance not to allow litigants who have succeeded in the High Courts to be harassed by further appeal, when there is nothing .....

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