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Palaniappa Chetti and anr. Vs. Chidumbaram Pillai and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported inAIR1916Mad745(1); 30Ind.Cas.942
AppellantPalaniappa Chetti and anr.
RespondentChidumbaram Pillai and anr.
Cases ReferredTuljaram Row v. Alagappa Chettiar
Excerpt:
letters patent (madras), section - 'judgment', meaning of--order staying further trial of suit by single judge of high court--appeal, maintainability of. - 1. an order for staying the farther trial of a suit is similar to an order adjourning the trial of the suit and the observations in the judgments pronounced in the full bench case tuljaram row v. alagappa chettiar 8 ind. cas. 340 : (1910) m.w.n. 696indicate that an order adjourning the trial of a suit is not a judgment from which, when such order is passed by a single judge of this court, an appeal lies to a bench. we, therefore, uphold the preliminary objection and dismiss this letters patent appeal with costs.
Judgment:

1. An order for staying the farther trial of a suit is similar to an order adjourning the trial of the suit and the observations in the judgments pronounced in the Full Bench case Tuljaram Row v. Alagappa Chettiar 8 Ind. Cas. 340 : (1910) M.W.N. 696indicate that an order adjourning the trial of a suit is not a judgment from which, when such order is passed by a single Judge of this Court, an appeal lies to a Bench. We, therefore, uphold the preliminary objection and dismiss this Letters Patent Appeal with costs.


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