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1 paragraphs · 90 words
N.G. Chandavarkar, J.—The decision'' of the Subordinate Judge having been u/s 295 of the old Civil Procedure Code, no appeal lay. see Kashiratn v. Mani Ram ILR(1892) All, 120, Jagadish Chandra Shah v. Kripa Nath Shah ILR (1889) Cal. 48. Therefore the lower appellate Court had no jurisdiction to deal with the appeal. But it appears that the question of jurisdiction was not raised before it. Therefore we make the rule absolute with costs of this application, but not with the costs of the appeal in the lower appellate Court.