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The Secretary of State for India in Council Vs. R. Fischer - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1896)6MLJ174
AppellantThe Secretary of State for India in Council
RespondentR. Fischer
Excerpt:
- .....to determine a question of title, which arose in the suit. the defendant has had the benefit of an appeal upon the facts. but the high court is precluded by the terms of section 586, c.p. c, from entertaining a second appeal.2. the second appeal must be dismissed with costs.note--in s. a, no. 233 of 1890, the madras high court held that where a rent suit was filed for less than rs. 500 (before the government notification authorising small cause courts to try rent suits) in a munsiifs court as a regular suit, but before the suit was decided in the original court and in the first appel late court, the notification was issued no second appeal would lie, to the high court, the suit being of a small cause nature when the second appeal was presented.
Judgment:

1. The suit is of a nature cognizable by a Court of Small Causes, although the Distict Munsiff acting under Section 23 of Act IX of 1887, very rightly directed that the plaint should be presented to the court, having jurisdiction to determine a question of title, which arose in the suit. The defendant has had the benefit of an appeal upon the facts. But the High Court is precluded by the terms of Section 586, C.P. C, from entertaining a second appeal.

2. The second appeal must be dismissed with costs.

NOTE--In S. A, No. 233 of 1890, the Madras High Court held that where a rent suit was filed for less than Rs. 500 (before the Government notification authorising small Cause Courts to try rent suits) in a Munsiifs Court as a regular suit, but before the suit was decided in the original court and in the first Appel late Court, the notification was issued no second appeal would lie, to the High Court, the suit being of a Small Cause nature when the second appeal was presented.


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