Krushna Chandra Khatua v. Ketuka Bewa (since dead)
2018-03-12
A.K.RATH
body2018
DigiLaw.ai
JUDGMENT : A.K. RATH, J. 1. Defendants 1, 2, L.Rs of defendant no.3 and defendant no.9 are the appellants against a confirming judgment. 2. Since the appeal is to be disposed of on a short point, the facts need not be recounted in detail. Suffice it to say that Ketuka Bewa, predecessor-in-interest of respondent no.1(a) and respondent no.2 as plaintiffs, instituted the suit for partition. Defendants entered contest and filed a written statement. The suit having been dismissed, the plaintiffs filed Title Appeal No.8 of 1991 before the learned Civil Judge (Senior Division), Athagarh, which was eventually dismissed. 3. Heard Mr. Bibhudanand Muduli, learned counsel for the appellants. None appears for the respondents. 4. Mr. Muduli, learned counsel for the defendants-appellants submits that since some of the findings of the learned lower appellate court are against the defendants, they have filed the appeal. 5. In Smt. Ganga Bai v. Vijay Kumar and others, AIR 1974 SC 1126 , the apex Court held that a suit for its maintainability requires no authority of law and it is enough that no statute bars the suit. But the position in regard to appeals is quite the opposite. The right of appeal inheres in no one and therefore an appeal for its maintainability must have the clear authority of law. That explains why the right of appeal is described as a creature of statute. Under Sec.96(1) of the Code of Civil Procedure, save where otherwise expressly provided by the Code or by any other law for the time being in force, an appeal lies from every decree passed by any Court exercising original jurisdiction, to the Court authorised to hear appeals from the decisions of such Court. It further held that no appeal can lie against a mere finding for the simple reason that the Code does not provide for any such appeal. 6. The suit was dismissed. The appeal filed by the plaintiff was eventually dismissed. The plaintiff has not filed any appeal before this Court. No appeal lies against the finding rendered against the defendants. 7. Accordingly, the appeal fails and is dismissed. No costs.