Palak Dhari Rai and Others vs Radha Prasad Singh

Turner, J.—This Court has simply set aside an order of the Judge of Ghazipur calling on to his own file proceedings pending in the Court of the Subordinate Judge of Shahabad, and has directed that the proceedings be remitted to the Shahabad Court that the application presented to that Court may be disposed of. When it is disposed of the decision may be appealed, and the superior Court which finally determines the application may have power to grant leave of appeal from its decision to Her Majesty in Council. The question of the competency of the Shahabad Court to entertain the application may then be raised. The order before us is in our judgment in the nature of an interlocutory order and not an order from which we can or ought to give a certificate for appeal to the Privy Council. The learned Counsel''s argument, based on the provisions of Section 594 � of Act X of 1877, that the word "decree" embraces judgment and order, does not support the contention that the Court can or ought to give leave to appeal from any order. The certificate is refused with costs.

�Decree defined.

[Section 594:--In this chapter, unless there be something repugnant in the subject or context, the expression ''decree'' includes also judgment and order.]