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K.V.V. Chathukutty Nambiar Andten ors. Vs. Malikkandakath Assainar Haji and ors. - Court Judgment

LegalCrystal Citation
SubjectCommercial
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 86 of 1967
Judge
Reported in(1971)3SCC807
ActsConstitution Of India - Article 133(a)
AppellantK.V.V. Chathukutty Nambiar Andten ors.
RespondentMalikkandakath Assainar Haji and ors.
DispositionAppeal Dismissed
Excerpt:
.....the subordinate judge, tellicherry, passed a decree for rs 200 and proportionate costs and dismissed the suit for damages. against that decree an appeal was preferred to the high court of kerala. the court then proceeded on the application made by the defendants to issue a certificate under article 133(1)(a) of the constitution. in our judgment the high court was not competent to issue a certificate. the high court was, in our view, incompetent to issue the certificate. the appeal is dismissed......in the judgment”. the court then proceeded on the application made by the defendants to issue a certificate under article 133(1)(a) of the constitution. in the view of the court certain questions were finally determined by the high court and on that account the order was a final order, and the judgment being one of reversal and the claim at all relevant stages being for an amount exceeding rs 20,000 the defendants were entitled to a certificate under article 133(1)(a) of the constitution.2. in our judgment the high court was not competent to issue a certificate. it is true that one of the questions in dispute between the parties was determined viz. the right of the plaintiff to claim damages; but the quantum of damages was not determined, and for determining damages payable by.....
Judgment:

J.C. SHAH, J.

1. In a suit filed by the first respondent in the Court of the Subordinate Judge, Tellicherry, for a decree for Rs 200 as rent for 1133 Malayalam Era and Rs 24,219.83 as damages for trees felled by one C.P.V. Moideen Hajee under a sale deed executed by Defendants 1 to 4 and one Gopalan Nambiar. The Subordinate Judge, Tellicherry, passed a decree for Rs 200 and proportionate costs and dismissed the suit for damages. Against that decree an appeal was preferred to the High Court of Kerala. The case was referred to a Full Bench. By a majority judgment the High Court set aside the decree passed by the trial court and remanded the case with a direction to restore it to its Original Number and to dispose it of “in accordance with law and in the light of the observations contained in the judgment”. The Court then proceeded on the application made by the defendants to issue a certificate under Article 133(1)(a) of the Constitution. In the view of the Court certain questions were finally determined by the High Court and on that account the order was a final order, and the judgment being one of reversal and the claim at all relevant stages being for an amount exceeding Rs 20,000 the defendants were entitled to a certificate under Article 133(1)(a) of the Constitution.

2. In our judgment the High Court was not competent to issue a certificate. It is true that one of the questions in dispute between the parties was determined viz. the right of the plaintiff to claim damages; but the quantum of damages was not determined, and for determining damages payable by the appellants the suit was remanded to the Court of First Instance. Such an order cannot be said to be a final order. The High Court was, in our view, incompetent to issue the certificate. The certificate is vacated.

3. We may make it clear that it will be open to the aggrieved party if hereafter there is occasion to file an appeal to this Court to challenge the correctness of the judgment of the High Court in such an appeal.

4. The appeal is dismissed. There will be no order as to costs.


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