Skip to content


Venkatarayadu and ors. Vs. Rangayya Appa Rau ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1898)ILR21Mad152
AppellantVenkatarayadu and ors.
RespondentRangayya Appa Rau ors.
Excerpt:
civil procedure code - act xiv of 1882, section 2--appeal against order rejecting an insufficiently stamped appeal. - 1. objection is taken to the maintenance of this appeal as being made against an order in respect of which no appeal is allowed by the code of civil procedure. the appeal could only be justified on the ground that the order of the district judge amounted to a decree within the meaning of the code. but as the district judge had no appeal before him, it is impossible to say that he passed a decree. it must be assumed, and indeed it is not disputed, that the judge was right in determining the amount of the fee chargeable, and it follows that the memorandum of appeal not being properly stamped, was of no validity whatever ( section 28, court fees act). consequently there having been no appeal and no appellate decree, there can be no second appeal2. the appeal is dismissed with costs.
Judgment:

1. Objection is taken to the maintenance of this appeal as being made against an order in respect of which no appeal is allowed by the Code of Civil Procedure. The appeal could only be justified on the ground that the order of the District Judge amounted to a decree within the meaning of the code. But as the District Judge had no appeal before him, it is impossible to say that he passed a decree. It must be assumed, and indeed it is not disputed, that the Judge was right in determining the amount of the fee chargeable, and it follows that the memorandum of appeal not being properly stamped, was of no validity whatever ( Section 28, Court Fees Act). Consequently there having been no appeal and no appellate decree, there can be no second appeal

2. The appeal is dismissed with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //