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Ariya Pillai Vs. Thangammal - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1897)ILR20Mad442
AppellantAriya Pillai
RespondentThangammal
Cases ReferredVenkatasami Naik v. Chinna Narayana Naik Appeal
Excerpt:
succession certificate act - act vii of 1889, sections 9, 10--order for issue of certificate subject to security being given--appeal. - order1. we are unable to agree with the learned judge that an appeal does not lie. the allahabad case on which he relies was considered and dissented from by a bench of this court in venkatasami naik v. chinna narayana naik appeal against order no. 32 of 1894 (unreported) which, however, does not appear to have been brought to the notice of the learned judge.2. we agree with the previous ruling of this court.3. on the merits, however, we find no ground for the appeal. there is no affidavit or other evidence to show that the district judge refused to examine any witness whom the appellant desired to examine the vakils on both sides were heard. we dismiss the appeal
Judgment:
ORDER

1. We are unable to agree with the learned Judge that an appeal does not lie. The Allahabad case on which he relies was considered and dissented from by a Bench of this Court in Venkatasami Naik v. Chinna Narayana Naik Appeal against Order No. 32 of 1894 (unreported) which, however, does not appear to have been brought to the notice of the learned Judge.

2. We agree with the previous ruling of this Court.

3. On the merits, however, we find no ground for the appeal. There is no affidavit or other evidence to show that the District Judge refused to examine any witness whom the appellant desired to examine The Vakils on both sides were heard. We dismiss the appeal


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