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Arumugam Asari Vs. Gurunatha Asari - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in50Ind.Cas.886; (1919)36MLJ435
AppellantArumugam Asari
RespondentGurunatha Asari
Cases ReferredKarumaru Venkataswami v. Lanka Tripuriah
Excerpt:
- 1. the appeal is filed against an order passed by the judge of a court of small causes under section 95 of the civil procedure code. we have not been shown any reason for departing from the general principle that no appeal lies against an order passed on the small cause side and we dissent from the decision to the contrary effect in karumaru venkataswami v. lanka tripuriah 26 ind.cas. 3892. we have been asked, if no appeal lies, to deal with the matter in the exercise of our revisional powers. but the lower court's decision is in our opinion correct.3. the civil revision petition is dismissed with costs.
Judgment:

1. The Appeal is filed against an order passed by the Judge of a Court of Small Causes under Section 95 of the Civil Procedure Code. We have not been shown any reason for departing from the general principle that no appeal lies against an order passed on the Small Cause side and we dissent from the decision to the contrary effect in Karumaru Venkataswami v. Lanka Tripuriah 26 Ind.Cas. 389

2. We have been asked, if no appeal lies, to deal with the matter in the exercise of our revisional powers. But the Lower Court's decision is in our opinion correct.

3. The Civil Revision Petition is dismissed with costs.


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