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O.M. Subramanian Vs. C. Appadurai Mudali and ors. - Court Judgment

LegalCrystal Citation
Subject Civil
CourtChennai
Decided On
Reported inAIR1930Mad540
AppellantO.M. Subramanian
RespondentC. Appadurai Mudali and ors.
Cases ReferredOfficial Trustee of Madras v. Kamalammal A.I.R.
Excerpt:
- 1. the rules are no doubt in artistically framed, but they have been interpreted: vide official trustee of madras v. kamalammal a.i.r. 1926 mad. 1214 where 'disposed of' is construed to mean adjudication after trial. if the words mean disposal in any manner whatever, the words following are unnecessary. we have got here, a confession of judgment though at a very late stage and clause (b) applies and clause (1) on its face is not confined to cases which have not reached the final disposal board.2. if the result is somewhat unsatisfactory it is a matter for recasting of the rules.3. the learned judge is right and the appeal is dismissed with costs.
Judgment:

1. The rules are no doubt in artistically framed, but they have been interpreted: vide Official Trustee of Madras v. Kamalammal A.I.R. 1926 Mad. 1214 where 'disposed of' is construed to mean adjudication after trial. If the words mean disposal in any manner whatever, the words following are unnecessary. We have got here, a confession of judgment though at a very late stage and Clause (b) applies and Clause (1) on its face is not confined to cases which have not reached the Final Disposal Board.

2. If the result is somewhat unsatisfactory it is a matter for recasting of the rules.

3. The learned Judge is right and the appeal is dismissed with costs.


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