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Srinivasa Ayyar Alias Srinivasa Ayyangar Vs. the Board of Commissioner for the Hindu Religious Endowments and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in148Ind.Cas.168
AppellantSrinivasa Ayyar Alias Srinivasa Ayyangar
RespondentThe Board of Commissioner for the Hindu Religious Endowments and ors.
Cases ReferredRajagopala Chettiar v. Hiridu. Religious Endowments Board
Excerpt:
madras hindu religious endowments act (ii of 1927), section 84 - civil procedure code (act v of 1908) order xliii, rule 1(c)--order refusing to set aside dismissal of application under section 81 for default whether appealable. - 1. a decision by the district judge under section 84 (2) of the madras hindu religious endowments act ii of 1927 has been held to be not appealable under a recent full bench decision of our high court in appeal no. 574 of 1931 given on april 11, 1933: rajagopala chettiar v. hiridu. religious endowments board, madras : air1931mad103 this is an appeal against an order refusing to set aside the dismissal of the application under the aforesaid s. 84 for default. according to order xliii, rule 1, clause. (c), an appeal would lie against such an order only in a case open to appeal.2. we therefore, hold that the civil miscellaneous appeal is incompetent and dismiss it with costs (two sets).
Judgment:

1. A decision by the District Judge under Section 84 (2) of the Madras Hindu Religious Endowments Act II of 1927 has been held to be not appealable under a recent Full Bench decision of our High Court in Appeal No. 574 of 1931 given on April 11, 1933: Rajagopala Chettiar v. Hiridu. Religious Endowments Board, Madras : AIR1931Mad103 This is an appeal against an order refusing to set aside the dismissal of the application under the aforesaid s. 84 for default. According to Order XLIII, Rule 1, clause. (c), an appeal would lie against such an order only in a case open to appeal.

2. We therefore, hold that the Civil Miscellaneous Appeal is incompetent and dismiss it with costs (Two sets).


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