NALINAKSHYA GHOSAL Vs. MAFAKSHAR HOSSAIN
LAWS(PVC)-1900-8-29
PRIVY COUNCIL
Decided on August 08,1900

NALINAKSHYA GHOSAL Appellant
VERSUS
MAFAKSHAR HOSSAIN Respondents

JUDGEMENT

Rampini, J - (1.) This is an appeal against the decision of the Subordinate Judge of Burdwan, dated the 7th September 1898. This decision disallows an appeal to him against an order of the Munsif of Kalna, dated 7 February 1898 under Section 206 of the Civil P. C. amending a decree of the Additional Munsif of Kalna, dated the 17 September 1891, which, in his opinion, was not in conformity with the judgment. The Subordinate Judge ismissed the appeal preferred to him on the ground that the Munsif's order amending the decree was right.
(2.) Against this dismissal of his appeal the plaintiff now prefers this second appeal.
(3.) We are of opinion that no second appeal lies to us against an order under Section 206. An order under Section 206 is not a decree. No provision for an appeal from such an order is made in Section 588. Hence, it would seem that no appeal lay to the Subordinate Judge and no second appeal lies to us. The plaintiff's remedy, if any, would seem to be by an application under Section 622.;


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