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Srinivasa Ayyar Alias Srinivasa Ayyangar Vs. the Board of Commissioners for the Hindu Religious Endowments and ors. - Court Judgment

LegalCrystal Citation
SubjectTrusts and Societies
CourtChennai
Decided On
Reported inAIR1934Mad258; (1934)66MLJ247
AppellantSrinivasa Ayyar Alias Srinivasa Ayyangar
RespondentThe Board of Commissioners for the Hindu Religious Endowments and ors.
Cases ReferredRajagopala Chettiar v. Hindu Religious Endowments Board
Excerpt:
- 1. a decision by the district judge under section 84(2) of the madras hindu religious endowments act (ii of 1927) has been held to be not appealable under a recent full bench decision of our high court in rajagopala chettiar v. hindu religious endowments board, madras (1933) 66 m.l.j. 43 . this is an appeal against an order refusing to set aside the dismissal of the application under the aforesaid section 84 for default. according to order 43, rule 1, clause (c), an appeal would lie against such an order, only in a case open to appeal.2. we therefore hold that the civil miscellaneous appeal is incompetent and dismiss it with costs. (two sets.)
Judgment:

1. A decision by the District Judge under Section 84(2) of the Madras Hindu Religious Endowments Act (II of 1927) has been held to be not appealable under a recent Full Bench decision of our High Court in Rajagopala Chettiar v. Hindu Religious Endowments Board, Madras (1933) 66 M.L.J. 43 . This is an appeal against an order refusing to set aside the dismissal of the application under the aforesaid Section 84 for default. According to Order 43, Rule 1, Clause (c), an appeal would lie against such an order, only in a case open to appeal.

2. We therefore hold that the Civil Miscellaneous Appeal is incompetent and dismiss it with costs. (Two sets.)


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