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Pragada Krishnamma Naidu and ors. Vs. Vajja Akhula Naidu and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1895)5MLJ82
AppellantPragada Krishnamma Naidu and ors.
RespondentVajja Akhula Naidu and ors.
Excerpt:
- 1. it is objected on behalf of appellant that the remand order of 11th may 1893 was made without jurisdiction as the suit had not been disposed of on a preliminary point, and that consequently all the subsequent proceedings are invalid.2. we must accede to this contention. it is supported by the decision of this court in section a. no. 1580 of 1892.3. following that decision, we set aside the order of remand and all the proceedings subsequent thereto, including the decree now appealed against, and direct the judge to dispose of the original appeal no. 56 of 1893 according to law.4. the costs hitherto incurred will abide and follow the result.
Judgment:

1. It is objected on behalf of appellant that the remand order of 11th May 1893 was made without jurisdiction as the suit had not been disposed of on a preliminary point, and that consequently all the subsequent proceedings are invalid.

2. We must accede to this contention. It is supported by the decision of this Court in Section A. No. 1580 of 1892.

3. Following that decision, we set aside the order of remand and all the proceedings subsequent thereto, including the decree now appealed against, and direct the Judge to dispose of the Original Appeal No. 56 of 1893 according to law.

4. The costs hitherto incurred will abide and follow the result.


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