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Kerala Varma Vs. Chadayan Kutti and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1892)ILR15Mad181
AppellantKerala Varma
RespondentChadayan Kutti and ors.
Excerpt:
court fees act - act vii of 1870, section 10, clause ii; section 12, clause ii. - - 1. the order of the district judge in dismissing the suit for failure of plaintiff to pay additional stamp duty demanded was irregular for the following among other grounds. the order of the subordinate judge reversing the decree so far as the fourth defendant was concerned after the original suit had been already dismissed was clearly ultra vires we set aside the decrees and orders both of the district judge and of the subordinate judge and direct the subordinate judge to replace the appeal on his file and to dispose of it according to law......any order. the order of the subordinate judge reversing the decree so far as the fourth defendant was concerned after the original suit had been already dismissed was clearly ultra vires we set aside the decrees and orders both of the district judge and of the subordinate judge and direct the subordinate judge to replace the appeal on his file and to dispose of it according to law. costs to follow result.
Judgment:

1. The order of the District Judge in dismissing the suit for failure of plaintiff to pay additional stamp duty demanded was irregular for the following among other grounds. In the first place he had no jurisdiction over the whole subject matter of the suit, the appeal by fourth defendant relating to one item only. Secondly, the appeal had not been admitted when the order was passed, and therefore the mutter was not before the Judge in such a shape that he had jurisdiction to make any order. The order of the Subordinate Judge reversing the decree so far as the fourth defendant was concerned after the original suit had been already dismissed was clearly ultra vires We set aside the decrees and orders both of the District Judge and of the Subordinate Judge and direct the Subordinate Judge to replace the appeal on his file and to dispose of it according to law. Costs to follow result.


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