Skip to content


Nanjundier and anr. Vs. T. Venkata Rao and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in7Ind.Cas.797
AppellantNanjundier and anr.
RespondentT. Venkata Rao and anr.
Cases ReferredRamachandrier v. Nur Mukammad Noorullah Sahib
Excerpt:
civil procedure code (act xiv of 1882), section 588 - power of appellate court--amendment of heading--small cause suit--prayer for declaration--second, appeal. - 1. the appeal ought to have been presented under section 588 of the civil procedure code. we allow the heading to lie amended and hear it under that section. we think that in this case the plaintiff could not have obtained all the reliefs he sought for without asking for a declaration. the decision in ramachandrier v. nur mukammad noorullah sahib 30 m. 101 : 1 m.l.t. 314 : 16 m.l.j. 477, therefore, does not apply. we allow the appeal and direct the lower court to re-place the case on its file and dispose of it according to law.2. costs will abide the result.
Judgment:

1. The appeal ought to have been presented under Section 588 of the Civil Procedure Code. We allow the heading to lie amended and hear it under that section. We think that in this case the plaintiff could not have obtained all the reliefs he sought for without asking for a declaration. The decision in Ramachandrier v. Nur Mukammad Noorullah Sahib 30 M. 101 : 1 M.L.T. 314 : 16 M.L.J. 477, therefore, does not apply. We allow the appeal and direct the lower Court to re-place the case on its file and dispose of it according to law.

2. Costs will abide the result.


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