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Judgment
5 paragraphs · 104 words
1.
The appeal ought to have been presented u/s 588 of the Civil Procedure Code. We allow the heading to lie amended and hear it under that
section. We think that in this case the plaintiff could not have obtained all the reliefs he sought for without asking for a declaration. The decision in
Ramachandrier v. Nur Mukammad Noorullah Sahib 30 M. 101 : 1 M.L.T. 314 : 16 M.L.J. 477, therefore, does not apply. We allow the appeal
and direct the lower Court to re-place the case on its file and dispose of it according to law.
2.
Costs will abide the result.