Skip to content


Karingamanna Melathil Karnavan Rama Kurup and Anr. Vs. Thirnnavaya, Kalathil Veettil's children Kunhipathumma and Ors. (19.03.1942 - MADHC) - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1942)2MLJ99
AppellantKaringamanna Melathil Karnavan Rama Kurup and Anr.
RespondentThirnnavaya, Kalathil Veettil's children Kunhipathumma and Ors.
Cases ReferredVenkayya v. Pullayya
Excerpt:
- - pullayya air1942mad466 an appeal lies in a case like this to the district court and the civil revision petition is therefore incompetent.patanjali sastri, j.1. the petitioner asks for return of the memo, of civil revision petition for presentation to the district court as an appeal as in view of the decision in venkayya v. pullayya : air1942mad466 an appeal lies in a case like this to the district court and the civil revision petition is therefore incompetent. mr. govinda menon for the petitioners relies on the provision of order 7, rule 10 read with sections 107(2) and 141 of the code of civil procedure as supporting the prayer. i do not consider that these provisions are applicable to the case as revisional jurisdiction is peculiar to this court and there can be no question of returning the civil revision petition for presentation as a civil revision petition to any other court in the province. the prayer cannot.....
Judgment:

Patanjali Sastri, J.

1. The petitioner asks for return of the memo, of Civil Revision Petition for presentation to the District Court as an appeal as in view of the decision in Venkayya v. Pullayya : AIR1942Mad466 an appeal lies in a case like this to the District Court and the Civil Revision Petition is therefore incompetent. Mr. Govinda Menon for the petitioners relies on the provision of Order 7, Rule 10 read with Sections 107(2) and 141 of the Code of Civil Procedure as supporting the prayer. I do not consider that these provisions are applicable to the case as revisional jurisdiction is peculiar to this Court and there can be no question of returning the Civil Revision Petition for presentation as a Civil Revision Petition to any other Court in the province. The prayer cannot therefore be allowed. There can be no objection to the return to the petitioner of the enclosures he has filed and they will accordingly be returned.

2. The Civil Revision Petition is dismissed with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //