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Meruva Parasuramudu Vs. Mandavilli Ramanna - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1925Mad1178; 87Ind.Cas.960; (1925)49MLJ353
AppellantMeruva Parasuramudu
RespondentMandavilli Ramanna
Excerpt:
- - i am not satisfied that he has got any locus spandi to appear at this stage and require to be heard, but i have nevertheless heard him, and even after hearing him i am not at all satisfied that the requirements of the proviso are not satisfied in this particular case. i cannot possibly read the terms of the proviso as indicating that i must go through the whole case and admit the appeal only if i am satisfied that i would reverse it there and then if no appearance was entered for the respondent. i take the terms in the proviso merely to indicate that the court before admitting such a pauper appeal should be satisfied that it is not merely a frivolous appeal and that there are reasonable grounds for doubting the correctness or justness of the decision of the lower court......the respondent in the appeal and wished to be heard on the question whether, having regard to the terms of the proviso to r. i of that order there is such a case made out for the appellant as would justify me in saying that the judgment and decree of the lower court are erroneous or unjust. i am not satisfied that he has got any locus spandi to appear at this stage and require to be heard, but i have nevertheless heard him, and even after hearing him i am not at all satisfied that the requirements of the proviso are not satisfied in this particular case. i cannot possibly read the terms of the proviso as indicating that i must go through the whole case and admit the appeal only if i am satisfied that i would reverse it there and then if no appearance was entered for the respondent. i.....
Judgment:
ORDER

Srinivasa Aiyangar, J.

1. I think this is a case in which leave to appeal should be granted underthe provisions of Order 44 of the Procedure Code. Mr. P. Somasundaram appeared without any notice on behalf of the respondent in the appeal and wished to be heard on the question whether, having regard to the terms of the proviso to R. I of that order there is such a case made out for the appellant as would justify me in saying that the judgment and decree of the Lower Court are erroneous or unjust. I am not satisfied that he has got any locus spandi to appear at this stage and require to be heard, but I have nevertheless heard him, and even after hearing him I am not at all satisfied that the requirements of the proviso are not satisfied in this particular case. I cannot possibly read the terms of the proviso as indicating that I must go through the whole case and admit the appeal only if I am satisfied that I would reverse it there and then if no appearance was entered for the respondent. I take the terms in the proviso merely to indicate that the Court before admitting such a pauper appeal should be satisfied that it is not merely a frivolous appeal and that there are reasonable grounds for doubting the correctness or justness of the decision of the Lower Court. In that view I consider that there is a great deal to be said with regard to the correctness of the decision of the Lower Court and I therefore order that the appeal should be dismissed.


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