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Chidambara Pillai Vs. Ramasami Pillai and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1882)ILR5Mad161
AppellantChidambara Pillai
RespondentRamasami Pillai and ors.
Excerpt:
civil procedure code, section 44 - joinder of causes of action--suit for recovery of parcels of land entered on at different periods. - charles a. turner, kt., c.j. and muttusami ayyar, j.1. we are opinion that the judge has misconstrued this certainly obscure section (section 44, civil procedure code), but we understand it prohibits not the joinder of several causes of action entitling a plaintiff to the recovery of immoveable property, but a joinder with such causes of action of causes of action of a different character except as excepted in the section. the decree of the lower appellate court is set aside, and the case remanded for the disposal of the appeal on the merits. the costs of this appeal will abide and follow the result.
Judgment:

Charles A. Turner, Kt., C.J. and Muttusami Ayyar, J.

1. We are opinion that the Judge has misconstrued this certainly obscure Section (Section 44, Civil Procedure Code), but we understand it prohibits not the joinder of several causes of action entitling a plaintiff to the recovery of immoveable property, but a joinder with such causes of action of causes of action of a different character except as excepted in the section. The decree of the Lower Appellate Court is set aside, and the case remanded for the disposal of the appeal on the merits. The costs of this appeal will abide and follow the result.


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