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    <title>1938 (4) TMI 8 - ALLAHABAD HIGH COURT (FB)</title>
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    <description>Section 115 CPC revision was held to lie against orders made under Section 5(1) of the U.P. Agriculturists&#039; Relief Act, 1934, because the court acting under that provision remained a subordinate civil court and statutory finality barred only further appeal, not revision. An application to convert a money decree into an instalment decree had to be made to the court of first instance, or the court to which its business had been transferred, since Section 5(1) and Section 5(2) contemplated that forum and Section 37 CPC did not govern. The phrase &quot;any decree for money&quot; was confined to decrees arising from loans or transactions in substance amounting to loans, so a decree for damages for false and malicious prosecution was outside Section 5 and could not be converted into instalments.</description>
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    <pubDate>Wed, 20 Apr 1938 00:00:00 +0530</pubDate>
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      <title>1938 (4) TMI 8 - ALLAHABAD HIGH COURT (FB)</title>
      <link>https://www.taxtmi.com/caselaws?id=464535</link>
      <description>Section 115 CPC revision was held to lie against orders made under Section 5(1) of the U.P. Agriculturists&#039; Relief Act, 1934, because the court acting under that provision remained a subordinate civil court and statutory finality barred only further appeal, not revision. An application to convert a money decree into an instalment decree had to be made to the court of first instance, or the court to which its business had been transferred, since Section 5(1) and Section 5(2) contemplated that forum and Section 37 CPC did not govern. The phrase &quot;any decree for money&quot; was confined to decrees arising from loans or transactions in substance amounting to loans, so a decree for damages for false and malicious prosecution was outside Section 5 and could not be converted into instalments.</description>
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      <pubDate>Wed, 20 Apr 1938 00:00:00 +0530</pubDate>
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