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P.S. Samu Iyer and ors. Vs. Ayilam Gramom Vythi Pathar and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.617
AppellantP.S. Samu Iyer and ors.
RespondentAyilam Gramom Vythi Pathar and ors.
Cases ReferredVaikunta Prabhu v. Moideen Saheb
Excerpt:
appeal - jurisdiction--appeal from sub-judge's order in insolvency petition lies to the district court--civil procedure code (act xiv of 1882), sections 588(17) and 589(a). - .....589 of the code of civil procedure words which are not there. we therefore, allow the preliminary objection. the memorandum of appeal is returned for presentation to the proper court. in the circumstances, each party to bear own.....
Judgment:

1. The preliminary objection is taken that the appeal against the order of the Subordinate Judge lies to the District Court and not to the High Court. There is ample authority in support of this objection Sitharama v. Vythilinga 12 M. 472; Vaikunta Prabhu v. Moidin Saheb 15 M. 89; Debi Prasad v. Jamna Das 23 A. 56 and Manikshah Sorabji v. Dadabhai Jamshetji 27 B. 604 and we agree with these decisions. The only case relied upon by the other side is Venkatrayer v. Jamhoo Ayyan 17 M. 377. In this decision, no reference is made to Sitharama v. Vythilinga 12 M. 472 or to Vaikunta Prabhu v. Moideen Saheb 15 M. 89; and we are unable to follow it in reading into Section 589 of the Code of Civil Procedure words which are not there. We therefore, allow the preliminary objection. The memorandum of appeal is returned for presentation to the proper Court. In the circumstances, each party to bear own costs.


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