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Signor Coppa D'Angelis Vs. Signor G. D'Angelis (24.09.1908 - MADHC) - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1908)18MLJ566
AppellantSignor Coppa D'Angelis
RespondentSignor G. D'Angelis
Excerpt:
- 1. an objection is taken now that we ought not to hear this petition under section 622 of the civil procedure code because it was open to the petitioner before coming here to seek a remedy under section 38 of the small cause court act. it is not denied that that remedy was open to him, and we think the objection must prevail. this court will not, unless it be in a very special case, interfere under section 622 when the party aggrieved has a remedy elsewhere, and no special reason is shewn here why the application provided by section 38 of the small cause court act could not have been made. we, therefore, dismiss this petition. the objection should have been taken at an earlier stage of the proceedings, and we direct that each party bear his own costs.
Judgment:

1. An objection is taken now that we ought not to hear this petition under Section 622 of the Civil Procedure Code because it was open to the petitioner before coming here to seek a remedy under Section 38 of the Small Cause Court Act. It is not denied that that remedy was open to him, and we think the objection must prevail. This Court will not, unless it be in a very special case, interfere under Section 622 when the party aggrieved has a remedy elsewhere, and no special reason is shewn here why the application provided by Section 38 of the Small Cause Court Act could not have been made. We, therefore, dismiss this petition. The objection should have been taken at an earlier stage of the proceedings, and we direct that each party bear his own costs.


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