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Rami Deka Vs Poali Patgiri and others

Case No: Appeal from Appellate Decree No. 314 of 1896

Date of Decision: July 28, 1897

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Judgement

1. The judgment of the lower Appellate Court in this case is :--"" Appeal rejected under sec. 551, C.C.P. It is contended that this is not a judgment

in conformity with law, and that there is an error of Procedure which brings the case under sec. 584.

2. The dismissal of an appeal under sec. 551, by a Court whose decision may be the subject of an appeal, does not, we think, relieve the Court

from the necessity of writing a judgment, which, according to the provisions of sec. 574, should show the points raised, the decision upon those

points and the reasons for deciding them. There was an appeal before the Court, and the judgment disposing of that appeal must, we think, be in

conformity with the provisions of the Code. We set aside the decision and remand the case in order that the appeal may be disposed of according

to law. The costs of this appeal will abide the result.

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