Muhammad Ismail and Another vs Manohar Das and Others

This is a second appeal from an order of the District Judge of Allahabad declaring that an appeal pending before him had abated. It has been held in this Court for more than twenty-fire years that such an appeal does not lie, see Hamida Bibi v. Ali Husen Khan 17 A. 172 : . (1895) W.A.N42 : 8 Ind. Dec. 436. That case was followed recently in Walayat Hasain v. Ram Lal 25 Ind Cas. 613 : 12 L.L.J. 1113. This being the view of our Court, we feel bound to follow it and hold that no appeal lies. We have been asked, in that view, to treat this memorandum of appeal as an application in civil revision, but we do not think it necessary to accede to this request. The result is that this appeal fails and is dismissed with costs.