Aja Nasya vs Karimbaksh Sarkar and Others

This appeal must stand dismissed. The case has been before this Court on a former occasion. On that occasion a remand was made and the questions to be decided by the lower Court on remand were definitely laid down. It is no use for the appellant now to try to challenge the remand order. We must take the order as it stands. On remand, the learned Judge of the lower Appellate Court has come to conclusions of fact which are fatal to the plaintiff''s case. In that view, we must dismiss the present appeal with costs.