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In Re: Pinapala Venkateswarlu - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai High Court
Decided On
Reported in(1958)1MLJ337
AppellantIn Re: Pinapala Venkateswarlu
Excerpt:
- p. rajagopalan, o.c.j.1. we agree with the office that clause 15 of the letters patent does apply. the application to amend the decree in the second appeal certainly invoked the civil appellate jurisdiction vested in this court. if so leave of the learned judge who dismissed the application to amend the decree was necessary under rule 95 of the appellate side rules read with clause 15 of the letters patent. no such leave was asked for or obtained. the appeal is incompetent.
Judgment:

P. Rajagopalan, O.C.J.

1. We agree with the office that clause 15 of the Letters Patent does apply. The application to amend the decree in the Second Appeal certainly invoked the civil appellate jurisdiction vested in this Court. If so leave of the learned Judge who dismissed the application to amend the decree was necessary under Rule 95 of the Appellate Side Rules read with clause 15 of the Letters Patent. No such leave was asked for or obtained. The appeal is incompetent.


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