1921 (10) TMI 1

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....S. Srinivasa Aiyar. JUDGMENT Sir William Bock Ayling, Offg. C.J. 1. The order of the Subordinate Judge was not passed under O. 41, R. 23 of the Code of Civil Procedure and no appeal lies under O. 43, R. 1(a) or any other provision of the Civil Procedure Code. It is suggested that the appeal petition should be treated as a revision petition under Sect. 115 of the Code of Civil Procedure an....

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....e effect that it is only an improper use of a power legally possessed. I am not prepared to differ in a pure matter of procedure and I am content to follow this decision. 2. In this view there is no question of jurisdiction on which we could interfere under Sect. 115, Civil Procedure Code. 3. I would therefore simply dismiss the appeal petition with costs. Odgers, J. 4. I agree and I s....