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Kothandarama Mudaly Vs. Dharmalinga Mudaly and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1945Mad264; (1945)1MLJ186
AppellantKothandarama Mudaly
RespondentDharmalinga Mudaly and ors.
Excerpt:
- .....after which it must give notice in the prescribed manner to the prescribed authority and then proceed under section 7 of the act, under which it is necessary before ordering a stay to find that the soldier is serving under special conditions, and that a postponement is necessary in the interests of justice. stay of proceedings does not automatically follow merely on receipt of a notice from the collector under section 6(1) of the act.2. in the result, the revision is accepted the order of the lower court is set aside, and the matter is remanded for fresh disposal in accordance with the provisions of the act, the costs being costs in the cause.
Judgment:

Byers, J.

1. The Court had no jurisdiction to order a stay under Section 6(2) of the Indian Soldiers' Litigation Act. It is clear from the wording of this section that the powers of the Court are limited to suspending the proceedings, after which it must give notice in the prescribed manner to the prescribed authority and then proceed under Section 7 of the Act, under which it is necessary before ordering a stay to find that the soldier is serving under special conditions, and that a postponement is necessary in the interests of justice. Stay of proceedings does not automatically follow merely on receipt of a notice from the Collector under Section 6(1) of the Act.

2. In the result, the revision is accepted the order of the lower Court is set aside, and the matter is remanded for fresh disposal in accordance with the provisions of the Act, the costs being costs in the cause.


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