1968 (12) TMI 98

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....revise. An objection is taken preliminarily that there is no error of jurisdiction such as would attracts. 115 of the Civil Procedure Code. Error of law there may be, but every error of law does not furnish a ground in revision. The question then is whether the error pointed out bears upon jurisdiction. Had the District Judge expressed himself more clearly, or at some reasonable length, it woul....

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....d in Krishna Bhatta v. Ananta Bhatta (1961 KLT 38) and a catena of other cases such as those reported in S.K.M.R.M. Somasundaram Chettiar v. Rm. Ar. Ar. Rm. Arunachalam Chettiar (AIR 1932 Mad. 523), Abdul Majid Sk. Ibrahim v. Bhaurao Atmaram Patil and Shib Krishna Das v. Panchanan Ganguly (AIR 1961 Cal. 346 FB) speak in the same strain. If, therefore, an error of law has crept into the judgment of....

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....d but, perhaps, was not pointedly aware of. Under the circumstances, the only course open to me is to allow the revision petition and set aside the Order of the learned District Judge in I. A. No. 1326 of 1967. Since the error of law is clear there is no need for a further hearing of the matter in O. P. No. 102 of 1966 so far as the entertain ability of the appeal is concerned. Therefore, I wou....