High CourtsDivision Bench(1920) 04 AHC CK 0018

Kunwar Aidal Singh vs L. Pearey Lal and Others

Allahabad High Court · Decided on 12 April 1920 · Citation: AIR 1920 All 170(2) : 56 Ind. Cas. 248

HON’BLE JUDGES
Rafique, J · Piggott, J

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Judgment

1 paragraphs · 163 words
1.

The two Applications Nos. 18 and 19 of 1920 are applications in revision and have arisen out of two suits filed in the Court below on foot of three mortgages. The, common defence to the two suits was that they wore bad for misjoinder of causes of action and of parties and that the plaintiff was seeking a partial sale which was not permissible under the law. The lower Court disposed of both the points against the applicants. They have, therefore, some up in revision to this Court and contend that the Judge of the Court below was in error in deciding the said issues against the applicants. We think that the present applications are not entertainable. The points that have been decided against the applicants can be made the subject matter of appeals if the two suits are eventually decided against the applicants. The applications, therefore, fail and are dismissed with costs, including fees in this Court on the higher scale.