High CourtsDivision Bench

Brojo Nath Saikia and Others vs Rami Deka

Calcutta High Court · Decided on 28 July 1897 · Citation: (1898) ILR (Cal) 97

HON’BLE JUDGES
Macpherson, J · Ameer Ali, J

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Judgment

3 paragraphs · 166 words

Macpherson and Ameer Ali, JJ.—The judgment of the Lower Appellate Court in this case is: "Appeal rejected u/s 551 of the Code of Civil Procedure."

2.

It is contended that this is not a judgment in conformity with law, and that there is an error of procedure, which brings the case u/s 534.

3.

The dismissal of an appeal u/s 551 by a Court, whose decision may be the subject of an appeal, does not, we think, relieve the Court from the necessity of writing a judgment which, according to the provisions of Section 574, should show the points raised, the decision upon those points, and the reasons for deciding them. There was an appeal before the Court, and the judgment disposing of that appeal must, we think, be in conformity with the provisions of the Code. We set aside the decision and remand the*case in order that the appeal may be disposed of according to law. The costs of this appeal will abide the result.