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Aiyathurai Pillai Vs. Gnanaprakasa Odayar Alias Muthusami Odayar - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in52Ind.Cas.829
AppellantAiyathurai Pillai
RespondentGnanaprakasa Odayar Alias Muthusami Odayar
Excerpt:
evidence act (i of 1872 ), section 115 - estoppel--institution of suit in small cause court--jurisdiction, objection to--return of plaint for presentation to ordinary side--order not appealed against--revision against decree--objection to jurisdiction, maintainability of. - .....cannot be raised. the appellant before us presented his plaint on the small cause side. the learned judge allowed the present respondent to argue that no appeal from the decision of the district munsif in the litigation that was initiated would lie, because the suit was of a small cause nature and the order of return for presentation on the ordinary side was wrong. the order was not appealed against and was obtained on respondent's objection. we do not think, and have been shown no authority, that he was entitled at a later stage to object to the jurisdiction, which he had himself designated as the proper one.2. the learned judge's decision is set aside and the civil revision petition remanded for re-hearing with reference to the other points taken in it. costs to date will follow.....
Judgment:

1. We are constrained to differ from the learned Judge and to hold that the question of jurisdiction cannot be raised. The appellant before us presented his plaint on the Small Cause Side. The learned Judge allowed the present respondent to argue that no appeal from the decision of the District Munsif in the litigation that was initiated would lie, because the suit was of a Small Cause nature and the order of return for presentation on the ordinary side was wrong. The order was not appealed against and was obtained on respondent's objection. We do not think, and have been shown no authority, that he was entitled at a later stage to object to the jurisdiction, which he had himself designated as the proper one.

2. The learned Judge's decision is set aside and the civil revision petition remanded for re-hearing with reference to the other points taken in it. Costs to date will follow the result and be pro vided for in the order to be passed.


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