Bishen Perkash Narain Singh vs Munni Ram Chowdhry

Trevelyan and Stevens, JJ.—This is an appeal from an order admitting a review. The eases in which such an appeal is possible are mentioned in Section 629 of the Civil Procedure Code, and there is the express authority of the Bombay High Court in the case of the Bombay and Persia Steam Navigation Company v. S. S. "Zuari" ILR 12 Bom. 171 that an appeal will not directly lie except on the grounds mentioned in that section. Section 629 of the CPC says that the objection may be made either by way of appeal against the order granting the application, or may be taken in any appeal against the final decree. That would show that in either case, that is, either in an appeal against the order or in an appeal from the final decree only, an appeal will lie on those particular grounds and no others. There are two authorities of this Court in Har Nandan Sahai v. Behari Singh ILR 22 Cal. 3 and Baroda Churn Ghose v. Gobind Proshad Ternary ILR 22 Cal. 984 which show that the grounds which have been urged in this appeal are not grounds which can be taken in an appeal from the final decree. The same reasoning will apply to the present case. Moreover, both these decisions of this Court approve of the decision of the Bombay High Court to which we have referred, and which is expressly in point. The grounds urged by the learned Vakil for the appellant are not grounds u/s 629, and therefore it is not competent for us to consider them.

For this reason we dismiss this appeal with costs.