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Section 291

Procedure When Objection Was Taken in the Court of First Instance.

The Uttar Pradesh Tenancy Act 1939
(1) If, in any such suit, such objection was taken in the court of first instance, and the appellate court has before it all the material necessary for the determination of the suit, it shall dispose of the appeal as if the suit has been instituted in the right court.

(2) If the Appellate court has not before it all such materials, and remands the case, or frames issues and refers them for trial, or requires additional evidence to be taken, it may direct its order either to the court in which the suit was instituted, or to such court as it may declare to be competent to try the same.

(3) No objection shall be taken or raised in appeal or otherwise to any such order on the ground that it has been directed to a court not competent to try the suit.




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