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Vedala Vallabhacharyulu Vs. Vedala Rangacharyulu and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1941Mad76; (1940)2MLJ416
AppellantVedala Vallabhacharyulu
RespondentVedala Rangacharyulu and anr.
Excerpt:
- wadsworth, j.1. it seems to me apparent that the court hearing an appeal from a decision in a suit wherein the plaintiff seeks to escape liability from a decree of another court, has no jurisdiction under section 19 or any other section of madras act iv of 1938 to scale down the decree which is being attacked at the instance of the plaintiff. the petitions are dismissed with costs in c.r.p. no. 1123 of 1939.
Judgment:

Wadsworth, J.

1. It seems to me apparent that the Court hearing an appeal from a decision in a suit wherein the plaintiff seeks to escape liability from a decree of another Court, has no jurisdiction under Section 19 or any other section of Madras Act IV of 1938 to scale down the decree which is being attacked at the instance of the plaintiff. The petitions are dismissed with costs in C.R.P. No. 1123 of 1939.


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