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Perigi Venkobacharlu Vs. Sanji Radhabayamma - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in85Ind.Cas.912; (1924)47MLJ640
AppellantPerigi Venkobacharlu
RespondentSanji Radhabayamma
Excerpt:
- ramesam, j.1. the subordinate judge has used the evidence in o.s. no. 6 of 1920 as evidence in this case on the application of the plaintiff though it was opposed by the defendant. this procedure is opposed to law and vitiates the whole trial as irregular. the appellant contends that he has been prejudiced by the irregularity and we cannot say he was not for the subordinate judge states he perused the whole of the evidence so admitted and actually refers to the evidence of two witnesses in his judgment.2. the decree is set aside and the suit remanded for fresh trial to be disposed of according to law. costs to abide result. the court-fee paid by the appellant will be refunded.
Judgment:

Ramesam, J.

1. The Subordinate Judge has used the evidence in O.S. No. 6 of 1920 as evidence in this case on the application of the plaintiff though it was opposed by the defendant. This procedure is opposed to law and vitiates the whole trial as irregular. The appellant contends that he has been prejudiced by the irregularity and we cannot say he was not for the Subordinate Judge states he perused the whole of the evidence so admitted and actually refers to the evidence of two witnesses in his judgment.

2. The decree is set aside and the suit remanded for fresh trial to be disposed of according to law. Costs to abide result. The Court-fee paid by the appellant will be refunded.


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