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Josyula Venkateswaralu Vs. Kasturi Seshagiri Rao - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1930Mad708a
AppellantJosyula Venkateswaralu
RespondentKasturi Seshagiri Rao
Excerpt:
- - in the present case, the suit bad been decreed before the district munsif's order reached the village munsif;.....statement applied to the district munsif, under section 21, village courts act, to have the suit transferred to the district munsif. on 7th november 1928, the district munsif granted an interim stay of trial of the suit in the village munsif's court; but this order was not communicated to the village munsif, till 20th november 1928. meanwhile, on 8th november 1928, the village munsif heard the case, examined the plaintiff and his witness and passed a decree ex parte, the defendant not appearing. section 21 provides that the district munsif may, on the application of any of the parties, withdraw any suit and try the suit himself, as if it had been instituted in his own court. but this provision presupposes that the suit still remains to be tried. in the present case, the suit bad.....
Judgment:

Cornish, J.

1. In this matter the suit was filed in the Village Munsif's Court on 30th October 1928. On 2nd November 1928 the defendant who had filed no written statement applied to the District Munsif, under Section 21, Village Courts Act, to have the suit transferred to the District Munsif. On 7th November 1928, the District Munsif granted an interim stay of trial of the suit in the Village Munsif's Court; but this order was not communicated to the Village Munsif, till 20th November 1928. Meanwhile, on 8th November 1928, the Village Munsif heard the case, examined the plaintiff and his witness and passed a decree ex parte, the defendant not appearing. Section 21 provides that the District Munsif may, on the application of any of the parties, withdraw any suit and try the suit himself, as if it had been instituted in his own Court. But this provision presupposes that the suit still remains to be tried. In the present case, the suit bad been decreed before the District Munsif's order reached the Village Munsif; and there was consequently no suit, which could be transferred for trial. With regard to Section 73 of the Act there is no suggestion that the conduct of the Village Munsif calls the provisions of that section into operation. The District Munsif had accordingly no jurisdiction to set aside the Village Munsif's decree, The petition is allowed with costs throughout.


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