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The Maharajah of Vizianagram Through G. Appiah, Muktear Vs. Meduri Suryanarayana and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1911)21MLJ451
AppellantThe Maharajah of Vizianagram Through G. Appiah, Muktear
RespondentMeduri Suryanarayana and anr.
Excerpt:
- - to my mind the method adopted by the subordinate judge in dealing with the case amounts to a failure to exercise jurisdiction and at least is a very material irregularity in the exercise of such jurisdiction within the meaning of section 115 of the code of civil procedure......the case on the evidence and does not say that he disagrees with the findings of the munsif on the issues raised in the case. he would have been quite within his rights if he had considered whatever discrepancies there were between the descriptions of the pro-notes in the plaint and the terms of the pro-notes themselves as circumstances in dealing with the question whether the pro-notes were given and executed for consideration. but he has dismissed the plaintiff's suit simply on the ground of such discrepancies. it is urged by mr. ratnesam that even if the judge is wrong in the way he has disposed of the appeal, the error is not one relating to jurisdiction. but i cannot accept his contention. to my mind the method adopted by the subordinate judge in dealing with the case amounts to a.....
Judgment:

Abdur Rahim, J.

1. I think the Subordinate Judge's judgment in appeal ought to be set aside. He has not disposed of the case on the evidence and does not say that he disagrees with the findings of the Munsif on the issues raised in the case. He would have been quite within his rights if he had considered whatever discrepancies there were between the descriptions of the pro-notes in the plaint and the terms of the pro-notes themselves as circumstances in dealing with the question whether the pro-notes were given and executed for consideration. But he has dismissed the plaintiff's suit simply on the ground of such discrepancies. It is urged by Mr. Ratnesam that even if the judge is wrong in the way he has disposed of the appeal, the error is not one relating to jurisdiction. But I cannot accept his contention. To my mind the method adopted by the Subordinate Judge in dealing with the case amounts to a failure to exercise jurisdiction and at least is a very material irregularity in the exercise of such jurisdiction within the meaning of Section 115 of the Code of Civil Procedure. The Subordinate Judge was not competent to reverse the judgment of the Munsif without coming to a conclusion on the questions raised by the issues and decided by the Munsif in favour of the plaintiff.

2. The judgment of the Subordinate Judge is set aside and he must be asked to dispose of the appeal according to law. Costs will abide the result.


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