1921 (10) TMI 1

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..... . The order of the Subordinate Judge was not passed under O. 41, R. 23 of the Code of Civil Procedure and no appeal lies under O. 43, R. 1(a) or any other provision of the Civil Procedure Code. It is suggested that the appeal petition should be treated as a revision petition under Sect. 115 of the Code of Civil Procedure and the order set aside as one without jurisdiction. It is argued that it was .....

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..... not prepared to differ in a pure matter of procedure and I am content to follow this decision. 2. In this view there is no question of jurisdiction on which we could interfere under Sect. 115, Civil Procedure Code. 3. I would therefore simply dismiss the appeal petition with costs. Odgers, J. 4. I agree and I see no reason for reconsidering the view I took in Athappa Chetty v. Raman .....

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