- (1.) I am of opinion that this case must be remanded to the lower appellate Court to try, on the evidence on the record, whether there were any arrears of Government revenue due to the plaintiffs at sunset on the last day of payment. The plaintiffs sued for the recovery of possession of a certain talook, and for the reversal of a sale held for the realization of arrears of Government revenue. The plaint stated that there was a sum of Rs. 14, odd annas, in deposit with the Collector of Fureedpore in the plaintiff's favor; that the sum alleged to have been due by them (plaintiffs) on account of arrears of Government revenue was Rs. 10, odd annas, and thus the plaint, though it did not make any distinct allegation in so many express words that there were no arrears of revenue due by the plaintiffs did in fact aver that if the above sum of Rs. 14 odd had been duly credited in the plaintiff's favor, it would have been more than sufficient to meet the arrears of revenue, and thus that there were none. There were other averments in the plaint as to the irregularities in the notice and such like, but for the purposes of our present judgment it is not necessary to make any further specific observation as to them.
(2.) The plea of the defendants, the Collector of Jessore and the auction-purchasers, was that there were certain arrears due by the plaintiffs; that as under section 25, Act XI of 1859, no appeal was made by the plaintiffs against the sale, so with reference to the provisions of section 33 of that Act, plaintiffs were not in a position to contest the legality of the sale before any Court of Justice.
(3.) Both the lower Courts have held that, as in this case no appeal was made to the Commissioner under the provisions of section 25, Act XI of 1859, within 15 days of the sale, so the provisions of section 33 of that Act barred the jurisdiction of the Civil Courts to give the plaintiffs any redress; and accordingly dismissed the plaintiffs' suit.;