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Raman Nair Vs. Nrantha Kunhambu Nair and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.1076a
AppellantRaman Nair
RespondentNrantha Kunhambu Nair and ors.
Excerpt:
civil procedure code (act xiv of 1882), section 561 - rules of practice, rule 113--appeal withdraw--memo of objections. - 1. the appeal in the lower appellate court having been withdrawn without any hearing, the respondents in the lower appellate court were not entitled under section 561 of the civil procedure code of 1882, to take any objection to the decree. rule 113 of the rules of practice does not apply. the decree of the lower appellate court in so far as it allows the memorandum of objections must be modified. the memorandum of objections in the lower appellate court must be dismissed without costs. the appellant is entitled to his costs in this second appeal.
Judgment:

1. The appeal in the lower appellate Court having been withdrawn without any hearing, the respondents in the lower appellate Court were not entitled under Section 561 of the Civil Procedure Code of 1882, to take any objection to the decree. Rule 113 of the Rules of Practice does not apply. The decree of the lower appellate Court in so far as it allows the memorandum of objections must be modified. The memorandum of objections in the lower appellate Court must be dismissed without costs. The appellant is entitled to his costs in this second appeal.


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