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Natti Goundan and anr. Vs. Gurunada Goundan and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in7Ind.Cas.695a
AppellantNatti Goundan and anr.
RespondentGurunada Goundan and ors.
Excerpt:
letters patent (madras), section 15 - dismissed with costs--no judgment--no appeal. - 1. the order passed by the learned judge is 'dismissed with costs.' it is impossible for us to say whether the learned judge meant to dismiss the case on the merits or whether he meant that he thought that, in the exercise of his discretion, the case was one in which he was not inclined to interfere. as we are uncertain as to this, we cannot say that the order is a judgment and this being so, no appeal lies against the order. the letters patent appeal is dismissed with costs.
Judgment:

1. The order passed by the learned Judge is 'dismissed with costs.' It is impossible for us to say whether the learned Judge meant to dismiss the case on the merits or whether he meant that he thought that, in the exercise of his discretion, the case was one in which he was not inclined to interfere. As we are uncertain as to this, we cannot say that the order is a judgment and this being so, no appeal lies against the order. The Letters Patent appeal is dismissed with costs.


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