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Judgment
The question is whether there was any order u/s 281 of the Code. When a claim is preferred u/s 278 and duly prosecuted, it is incumbent on the
Court after investigation of the facts to satisfy itself either that the facts are as stated in Section 280 or as stated in Section 281. Without being
satisfied either way, no order can properly be passed. Chundra Bhusan Gangopadhya v. Ram Kanth Banerji ILR 12 Cal. 108 In this case the
claim was practically withdrawn and there was no investigation.
There being no order within the meaning of Section 281, the one year''s rule does not apply.
We reverse the decree and remand the suit for trial by the District Munsif. The respondents must pay costs of this appeal, other costs to be
provided for in the revised decree.