Imatges de pàgina
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Rai Baluk Ram, Mussumat Thakoor Deyhee v.
Rajah Ameer Hussun Khan, Shah Koondun Lall v.
Rama Subba Aiyan, Appovier v.

Roy Mothooranath Chowdry, Juggomohun Bukshee v. -
Ruttonji Edulji Shet v. The Collector of Tanna

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Nugenderchunder Ghose v. Sreemutty Kaminee Dossee - 241 Nundokissore Doss, Mohunt, Greedharee Doss v.

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Seetul Pershad v. Mussumat Doolhin Badam Konwur
Shah Koondun Lall v. Rajah Ameer Hussun Khan
Shamachurn Bhutto, Eshenchunder Singh v.
Shumsoonnissa Begum, Jodonath Bose v.
Shumsoonnissa Begum, Moonshee Buzloor Ruheem v.
Sreemanchunder Dey v. Gopaulchunder Chuckerbutty
Sreemutty Kaminee Dossee, Nugenderchunder Ghose v.
Srimut Rajah Moottoo Vijaya Raganadha Bodha Gooroo
Sawmy Periya Odaya Taver v. Katama Natchiar,
Zemindar of Shivagunga

Sunduloonissa Chowdranee, Wise v.

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Twenty-four Pergunnahs, The Collector of the, Gunga

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On petition from the High Court at Fort William,

Bengal.

THIS
was a petition for leave to appeal from certain
Orders and decrees of the Civil Judge and Sudder
Ameen of the Zillah Rungpoor, affirmed upon appeal

* Present:-Members of the Judicial Committee-The Right Hon, the Lord Justice Knight Bruce, the Right Hon. the Lord Justice Turner, and the Right Hon. Sir Edward Vaughan Williams. Assessor:-The Right Hon. Sir Lawrence Peel.

VOL. XI.

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grounds, to show that there is a substantial case on the merits, and a
point of law involved, proper to be determined by the appellate Court.
A petition for special leave to appeal contained a general statement of
the proceedings in India, and an averment that they were irregular and
contrary to law. Such petition ordered to be dismissed or to stand over
for amendment as being too general and vague.

On the amended petition, stating in detail the facts and specifically
showing legal grounds of objection to the decrees and Order of the Court
below refusing leave to appeal, special leave to appeal was granted.

B

4

1866,

DOSSEE

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JUGGUT INDRO NARAIN CHOWDERY.

by the High Court of Judicature at Fort William, GOREE MONEE Bengal, which Court refused leave to appeal to Her Majesty in Council on the ground, as it appeared from the petition, that it was only a decision in a miscellaneous case, and not a final judgment, decree or Order, within the meaning of sec. 39 of the Charter, dated the 14th of May, 1862, constituting the High Court of the Presidency at Fort William, or the previous Order in Council of the 10th of April, 1838, relating to appeals.

The petition set forth the proceedings taken in India under a decree of the Zillah Court of Rungpoor, of the 26th of June, 1837, and in which the ancestors of the Respondents were interested, and stated generally the facts of the case, submitting that the proceedings and Order of the High Court refusing leave to appeal were irregular and contrary to law.

Mr. Wood, in support of the petition.

The LORD JUSTICE KNIGHT BRUCE:

Their Lordships are of opinion, that the statements, both of law and fact, contained in the petition are of too general a character to enable them to judge of the propriety of granting the special leave to appeal prayed for. The petition, therefore, must be either dismissed, with liberty to present another petition, or stand over to amend the petition. In either case the facts alleged in the petition must be verified by an affidavit.

The petition was amended, and, after fully detailing the proceedings in the Courts in India and the decrees of the Principal Sudder Ameen and Zillah Judge of Rungpoor and the High Court,

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