AIR 1917 CALCUTTA 78

Calcutta High Court

Hon'ble Judge(s): Woodroffe, Mukerjee , JJ

Civil P.C. (5 of 1908) , O.41 R.23— Appeal decided without reference to admissible evidence - Case should be remanded. Where a District Judge decided an appeal holding erroneously that a copy of a chitta, which was admitted without objection in the first Court, was not admissible in evidence: Held: that as the District Judge had come to his conclusions without considering evidence which was legally admissible, the case should be remitted to him for reconsideration.