1949 JTR(Cal) 225
1950 AIR(Cal) 341
HIGH COURT OF CALCUTTA
HARRIES,BANERJEE, JJ.
Kedar Nath Mukherjee
Versus
Iswar Kalimata of Kalighat
F.C. Appeal No. 15 of 1949
Decided On : 20-12-1949
The central legal point established in the judgment is the entitlement of appellants to a certificate under S. 110, Civil P.C. when the decree of the Court is found to be a variation of the decree of the Court below.
Act Referred :CIVIL PROCEDURE CODE : S.110
Certificate - Appeal - The court granted a certificate under S. 110, Civil P.C. as the decree of the Court was found to be a variation of the decree of the Court below.
Fact of the Case:
The appeal was allowed in part and portion of the decree of the trial Court was vacated. The value of the suit and the value of the appeal exceed Rs. 10,000.
Finding of the Court:
The court found that the decree of this Court is not a decree of affirmance but is a decree varying the decree of the Court below, entitling the appellants to a certificate under S. 110, Civil P.C.
Issues: Value of the suit and appeal, nature of the decree of the Court
Ratio Decidendi: The court's decision was influenced by the interpretation of the nature of the decree and the entitlement of the appellants to a certificate under S. 110, Civil P.C.
Final Decision: The court granted leave to appeal and a certificate under S. 110, Civil P.C. Costs of the application were to be costs in the appeal.
Certificate - Appeal - The court granted a certificate under S. 110, Civil P.C. as the decree of the Court was found to be a variation of the decree of the Court below.
Fact of the Case:
The appeal was allowed in part and portion of the decree of the trial Court was vacated. The value of the suit and the value of the appeal exceed Rs. 10,000.
Finding of the Court:
The court found that the decree of this Court is not a decree of affirmance but is a decree varying the decree of the Court below, entitling the appellants to a certificate under S. 110, Civil P.C.
Issues: Value of the suit and appeal, nature of the decree of the Court
Ratio Decidendi: The court's decision was influenced by the interpretation of the nature of the decree and the entitlement of the appellants to a certificate under S. 110, Civil P.C.
Final Decision: The court granted leave to appeal and a certificate under S. 110, Civil P.C. Costs of the application were to be costs in the appeal.
Hiralal Chakravarty and Saroj Kumar Maity - for Appellants.
Pannalal Chatterjee - for Deputy Registrar and Respondent 1.
Nagendra Kumur Dutt, Satya Charan Pyne, Ajoy Kumar Bose, Nalini Ranjan Bhattacharjya and Subodh Chandra Basak - for Respondents.
Judgement
HARRIES, C.J. :-In this case it is conceded that the value of the suit and the value of the appeal exceed Rs. 10,000. The appeal was allowed in part and portion of the decree of the trial Court was vacated.
2. In these circumstances it appears to us; that the decree of this Court is not a decree of affirmance but is a decree varying the decree of the Court below. That being so the appellants are entitled as of right to a certificate and accordingly we grant leave to appeal and grant as certificate under S. 110, Civil P.C.
3. Costs of this application will be costs in the appeal the hearing fee being assessed at two gold mohurs. 4. Let the supplementary affidavit filed in Court today be kept on the record.
BANERJEE, J. :- I agree.
Leave granted.