Skip to content


Nambi Aiyangar and anr. Vs. Yajnanarayana Somayajial and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1902)12MLJ431
AppellantNambi Aiyangar and anr.
RespondentYajnanarayana Somayajial and ors.
Cases ReferredPerumal Naik v. Saminatha Pillai I.L.R.
Excerpt:
- 1. under section 522, civil procedure code, no appeal lies against a decree on an award passed under that section 'except in so far as the decree is in excess of, or not in accordance with the award.'2. neither of these conditions exist in the present case, and we cannot accede to the contention of the appellant's vakil that the district judge had no jurisdiction to refer to the arbitration, the question whether the trustee should be removed as prayed for in the plaint. a similar 'contention was raised and overruled in the case of perumal naik v. saminatha pillai i.l.r. 19 m. 498.3. we must therefore reject this appeal with costs.
Judgment:

1. Under Section 522, Civil Procedure Code, no appeal lies against a decree on an award passed under that section 'except in so far as the decree is in excess of, or not in accordance with the award.'

2. Neither of these conditions exist in the present case, and we cannot accede to the contention of the appellant's Vakil that the District Judge had no jurisdiction to refer to the arbitration, the question whether the trustee should be removed as prayed for in the plaint. A similar 'contention was raised and overruled in the case of Perumal Naik v. Saminatha Pillai I.L.R. 19 M. 498.

3. We must therefore reject this appeal with costs.


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