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Judgment
1 paragraphs · 161 wordsThis appeal has been filed from an order of the District Judge of Ghazipur, dated the 14th of December 1917, purporting: to be u/s 5 of the Religious Endowments Act (No. XX of 1863). The proceeding started by an application u/s 5 of the said Act is a miscellaneous proceeding and not a suit, and the order passed by him under that section is in no sense a decree, nor does the Act make any provision for an appeal from an order under that section. In our opinion, therefore, no appeal lies from the said order. We are fortified in this view by the decision of their Lordships of the Privy Council in the case of Minakshi Naidu v. Subramanyu Sastri 11 MLJ.26 : 14 I.A. 160 : 5 Sar. P.C.J. 54 : 11 Ind. Jur. 393 : 4 Ind. Dec. 18, which has, of course, been followed in subsequent cases. This appeal, therefore, fails and is dismissed with costs.