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Kammathi Vs. Mangappa and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1893)ILR16Mad454
AppellantKammathi
RespondentMangappa and anr.
Cases ReferredManisha Eradi v. Siyyali Koya I.L.R.
Excerpt:
civil procedure code - act xiv of 1882 section 622--revision--jurisdiction succession certificate act--act vii of 1889, section 4. - 1. the subordinate judge declined to entertain the application which he had jurisdiction to entertain by reason of his erroneously supposing that a certificate was necessary before the application could be entertained. the case is within the principle enunciated by the full bench in manisha eradi v. siyyali koya i.l.r. 11 mad. 220 as warranting the interference of this court under section 622 of the code of civil procedure. we set aside the order of the learned judge and also that of the subordinate judge and direct the latter to receive the application and deal with it according to law.2. respondents will pay appellant's costs in this court.
Judgment:

1. The Subordinate Judge declined to entertain the application which he had jurisdiction to entertain by reason of his erroneously supposing that a certificate was necessary before the application could be entertained. The case is within the principle enunciated by the Full Bench in Manisha Eradi v. Siyyali Koya I.L.R. 11 Mad. 220 as warranting the interference of this Court under Section 622 of the Code of Civil Procedure. We set aside the order of the learned Judge and also that of the Subordinate Judge and direct the latter to receive the application and deal with it according to law.

2. Respondents will pay appellant's costs in this Court.


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