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Queen-empress Vs. Karuppa Udayan and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1897)ILR20Mad87
AppellantQueen-empress
RespondentKaruppa Udayan and ors.
Cases ReferredEmpress v. Chinna Basuva Chetti Criminal Revision Case No.
Excerpt:
criminal procedure code - act x of 1882, section 419--presentation of appeal petition by the clerk of the appellants' pleader. - .....not accepting the appeal at first made by the four petitioners was that it was not presented by themselves or their pleader, but only by their pleader's clerk. such presentation has been held by this court to be equivalent to a presentation by the pleader himself, when the petition of appeal is signed by the pleader and he is duly authorised as was the case here vide queen-empress v. gudiyati samuel, criminal revision case no. 153 of 1894 unreported queen-empress v. virap-pan chetti criminal eevision case no. 50 of 1895 unreported and qveen-empress v. chinna basuva chetti criminal revision case no. 652 of 1895 unreported.2. we must therefore direct the original appeal to the replaced on the file and heard and disposed of according to law. the order on the second appeal filed by the.....
Judgment:

1. The Deputy Magistrate's reason for not accepting the appeal at first made by the four petitioners was that it was not presented by themselves or their pleader, but only by their pleader's clerk. Such presentation has been held by this Court to be equivalent to a presentation by the pleader himself, when the petition of appeal is signed by the pleader and he is duly authorised as was the case here vide Queen-Empress v. Gudiyati Samuel, Criminal Revision Case No. 153 of 1894 unreported Queen-Empress v. Virap-pan Chetti Criminal Eevision Case No. 50 of 1895 unreported and Qveen-Empress v. Chinna Basuva Chetti Criminal Revision Case No. 652 of 1895 unreported.

2. We must therefore direct the original appeal to the replaced on the file and heard and disposed of according to law. The order on the second appeal filed by the petitioners is set aside.


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