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Vencatamuniappa Chetty Vs. Goddam Chandappa and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.466
AppellantVencatamuniappa Chetty
RespondentGoddam Chandappa and ors.
Cases ReferredRup Narain v. Gopal Devi
Excerpt:
civil procedure code (act xiv of 1882), section 31 - misjoinder of causes of action--appeal--reversal of decree only on ground of misjoinder. - 1. it has been recently held by the privy council that misjoinder of causes of action is not a ground on which a decree can be reversed, rup narain v. gopal devi 36 i.a. 103 we must, therefore, reverse the decree of the subordinate judge, remand the appeal to the district judge of north arcot for disposal according to law. costs will abide the result.
Judgment:

1. It has been recently held by the Privy Council that misjoinder of causes of action is not a ground on which a decree can be reversed, Rup Narain v. Gopal Devi 36 I.A. 103 We must, therefore, reverse the decree of the Subordinate Judge, remand the appeal to the District Judge of North Arcot for disposal according to law. Costs will abide the result.


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