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Appandai and anr. Vs. Srihari Joishi - Court Judgment

LegalCrystal Citation
SubjectProperty;Civil
CourtChennai
Decided On
Judge
Reported in(1893)ILR16Mad451
AppellantAppandai and anr.
RespondentSrihari Joishi
Cases ReferredVelli Periya Mira v. Moidin Padsha I.L.R.
Excerpt:
civil procedure code - act xiv of 1882, section 622--rent recovery act--act viii of 1865, section 76--revision by the high court. - 1. it has been held in velli periya mira v. moidin padsha i.l.r. 9 mad. 332 that section 622 of the code of civil procedure is not applicable to orders passed under act viii of 1865 (madras). moreover section 76 of that act expressly provides that no judgment of a collector and no order passed by him after decree and relating to execution thereof shall be open to revision otherwise than by appeal. the order of the learned judge must, therefore, be set aside. but under the circumstances there will be no order as to the costs.
Judgment:

1. It has been held in Velli Periya Mira v. Moidin Padsha I.L.R. 9 Mad. 332 that Section 622 of the Code of Civil Procedure is not applicable to orders passed under Act VIII of 1865 (Madras). Moreover Section 76 of that Act expressly provides that no judgment of a Collector and no order passed by him after decree and relating to execution thereof shall be open to revision otherwise than by appeal. The order of the learned Judge must, therefore, be set aside. But under the circumstances there will be no order as to the costs.


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