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Pichuvaiyangar Vs. Seshaiyangar - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1895)5MLJ39
AppellantPichuvaiyangar
RespondentSeshaiyangar
Excerpt:
- 1. we are of opinion that when there has been an appeal against the decree of the district munsif and a decree has been passed thereon, the district munsif has no longer any power to amend his decree.2. we therefore answer the question in the affirmative.3. this petition again came on for final hearing before muthu-sami aiyar and shephard j. j. who following the ruling of the full bench dismissed the petition for amendment, cancelled the amendment made with reference to it and directed the petitioner to be entitled to his costs.
Judgment:

1. We are of opinion that when there has been an appeal against the decree of the District Munsif and a decree has been passed thereon, the District Munsif has no longer any power to amend his decree.

2. We therefore answer the question in the affirmative.

3. This petition again came on for final hearing before Muthu-sami Aiyar and Shephard J. J. who following the ruling of the Full Bench dismissed the petition for amendment, cancelled the amendment made with reference to it and directed the petitioner to be entitled to his costs.


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