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N.C. Kuppuswami Iyengar and anr. Vs. N.C. Narayana Iyengar and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in32Ind.Cas.3
AppellantN.C. Kuppuswami Iyengar and anr.
RespondentN.C. Narayana Iyengar and anr.
Cases ReferredShew Prosad v. Ram Chunder
Excerpt:
civil procedure code (act v of 1908), section 115, scope of - erroneous decision on point of law--jurisdiction of high court to interfere. - .....aiyar, j.1. the learned judge is right, in my opinion, as regards the scope of section 115 of the civil procedure code. i regret that i am unable (with the greatest respect) to agree with the decisions (each by a single learned judge of this court) reported as ratnam alias nanjunda chetty v. kolandai ramasamy chetti 31 ind. cas. 536; 2 l.w. 1115, naraya hegde v. vetla prabhu 12 ind. cas. 75 and subramania pattar v. narayana pattar 28 ind. cas. 189. the case of shew prosad v. ram chunder 23 ind. cas. 977; 41 c.k 323, deals with the scope of section 115 of the civil procedure code in a manner which appeals to my mind as enunciating the correct legal principles.2. i would dismiss the appeal with costs.napier, j.2. i agree both with the above ruling and also with the dissent from the cases.....
Judgment:

Sadasiva Aiyar, J.

1. The learned Judge is right, in my opinion, as regards the scope of Section 115 of the Civil Procedure Code. I regret that I am unable (with the greatest respect) to agree with the decisions (each by a single learned Judge of this Court) reported as Ratnam alias Nanjunda Chetty v. Kolandai Ramasamy Chetti 31 Ind. Cas. 536; 2 L.W. 1115, Naraya Hegde v. Vetla Prabhu 12 Ind. Cas. 75 and Subramania Pattar v. Narayana Pattar 28 Ind. Cas. 189. The case of Shew Prosad v. Ram Chunder 23 Ind. Cas. 977; 41 C.K 323, deals with the scope of Section 115 of the Civil Procedure Code in a manner which appeals to my mind as enunciating the correct legal principles.

2. I would dismiss the appeal with costs.

Napier, J.

2. I agree both with the above ruling and also with the dissent from the cases referred to.


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