Skip to content


Venkatapathi Naidu Vs. Tirumalai Chetti - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1901)ILR24Mad447
AppellantVenkatapathi Naidu
RespondentTirumalai Chetti
Excerpt:
civil procedure code - act xiv of 1882, sections 493, 588--order by munsif dismissing petition under section 493 to commit for disobedience to injunction--appeal to district court under section 588--reversal of munsif's order and remand, to munsif for disposal--appeal to the high court--maintainability of appeal. - 1. the order appealed against is an order passed on appeal against an order passed under section 493 of the code of civil procedure. according to section 588 of the coda any order passed on appeal against an order passed under section 493 is final and no appeal lies. it is true that the order appealed against happens to be an order of remand and the same section 588 shows that in the case of some such orders an appeal does lie. but, in our opinion, that makes no difference. the words used are clear and amount to this, that every order which is passed in an appeal presented under the provisions of section 588 is final.2. there are orders of remand which are not passed on such appeals, but in the present; case it is clear that the appeal to the district court was an appeal given by section.....
Judgment:

1. The order appealed against is an order passed on appeal against an order passed under Section 493 of the Code of Civil Procedure. According to Section 588 of the Coda any order passed on appeal against an order passed under Section 493 is final and no appeal lies. It is true that the order appealed against happens to be an order of remand and the same Section 588 shows that in the case of some such orders an appeal does lie. But, in our opinion, that makes no difference. The words used are clear and amount to this, that every order which is passed in an appeal presented under the provisions of Section 588 is final.

2. There are orders of remand which are not passed on such appeals, but in the present; case it is clear that the appeal to the District Court was an appeal given by Section 588.

3. The appeal must be dismissed with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //