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Keekangote Narayana Tantri Vs. Nagappa and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1918Mad126; (1918)34MLJ515
AppellantKeekangote Narayana Tantri
RespondentNagappa and ors.
Cases ReferredGolam Muhammad v. Shibendra Pada Banerjee I.L.
Excerpt:
- 1. in the original vernacluar petition it is quite clear that what the petitioner asked for was liberty to withdraw with permission to bring a fresh suit.2. in these circumstances following golam muhammad v. shibendra pada banerjee i.l.r (1908) c. 990 we think that the order 'plaintiff is permitted to withdraw from the suit' must be read with the petition and construed as granting it. on the other construction the order is most misleading to the petitioner and not an order contemplated by the code.3. we allow the letters patent appeal with costs, and set aside the decree of the district judge and remand the appeal to the district judge for disposal according to law, other costs will abide the result.
Judgment:

1. In the original vernacluar petition it is quite clear that what the petitioner asked for was liberty to withdraw with permission to bring a fresh suit.

2. In these circumstances following Golam Muhammad v. Shibendra Pada Banerjee I.L.R (1908) C. 990 we think that the order 'plaintiff is permitted to withdraw from the suit' must be read with the petition and construed as granting it. On the other construction the order is most misleading to the petitioner and not an order contemplated by the Code.

3. We allow the Letters Patent Appeal with costs, and set aside the decree of the District Judge and remand the appeal to the District Judge for disposal according to law, other costs will abide the result.


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