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Periakaruppan Vs. Palaniappa - Court Judgment

LegalCrystal Citation
Decided On
Reported in(1903)13MLJ210
Cases ReferredVelu Pillai v. Ghose Mahomed I.L.R.
- .....appeal is dismissed with.....

Subrahmania Aiyar, J.

1. I see no reason for reducing the amount awarded as damages. Nor, in my opinion, is there any reason to disturbing the order as to costs made in the courts below in the due exercise of the discretion vested in them by law. I would dismiss the second appeal with costs.

Davies, J.

2. I agree that there is no reason for reducing the damages awarded to the plaintiff. I am, however, unable to support the order of the courts below granting the plaintiff his costs on the whole amount of his claim instead of only on the amount decreed him in as much as it is opposed to the uniform practice of the courts in this Presidency, which is to grant costs only on the amount decreed. Velu Pillai v. Ghose Mahomed I.L.R. 17 M. 293. Under Section 578 of the Code of Civil Procedure, the second appeal is dismissed with costs.

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