Skip to content


Kollipara Seetapaty Vs. Kankipaty Subbaya - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in1Ind.Cas.543
AppellantKollipara Seetapaty
RespondentKankipaty Subbaya
Cases Referred and Shankarbhai v. Somabhai
Excerpt:
provincial small cause courts act (ix of 1887), s.16 - small cause suit tried by munsif on the original side--appeal--jurisdiction revision--high court's power in revision to set aside decree passed without jurisdiction. - opinion1. we are unable to agree with the view taken by the learned judges in parameshwaran nambudiri v. vishnu embrandri 27 m.k 479, as regards the appellate decision in that case. as the decision of the appellate court in the case before us was made without jurisdiction, we think this court is bound to set it aside. as regards the decision of the appellate court, we think the cases ramasamy chettiar v. r.g. orr 26 m.k 176, and shankarbhai v. somabhai 25 b.k 417, were rightly decided. we would answer the question which has been referred to us in the affirmative.
Judgment:
OPINION

1. We are unable to agree with the view taken by the learned Judges in Parameshwaran Nambudiri v. Vishnu Embrandri 27 M.k 479, as regards the appellate decision in that case. As the decision of the Appellate Court in the case before us was made without jurisdiction, we think this Court is bound to set it aside. As regards the decision of the appellate Court, we think the cases Ramasamy Chettiar v. R.G. Orr 26 M.k 176, and Shankarbhai v. Somabhai 25 B.k 417, were rightly decided. We would answer the question which has been referred to us in the affirmative.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //