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Vanukuri Danda Reddi Vs. Vajrala Ramireddi - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai High Court
Decided On
Case NumberCivil Revn. Petn. No. 121 of 1951
Judge
Reported inAIR1953Mad908; (1953)1MLJ851
ActsDebt Law; Madras Agriculturists' Relief Act, 1938 - Sections 19 and 25A; Provincial Small Cause Courts Act, 1887 - Sections 27
AppellantVanukuri Danda Reddi
RespondentVajrala Ramireddi
Appellant AdvocateO. Chinnappa Reddy and ;P.R. Ramakrishna, Advs.
Respondent AdvocateA.V. Krishna Rao, Adv.
DispositionRevision allowed
Excerpt:
- .....of a court of small cause'sappeals are excluded by the provisions of section27, provincial small cause courts act. therefore the order of the lower appellate court isset aside and that of the learned district munsif will stand confirmed. this civil revisionpetition is allowed with costs.
Judgment:
ORDER

Ramaswami, J.

1. The short point for determination in this civil revision petition is whether theorder of the District Munsif of Guntur in I. A.No. 71 of 1950 in S. C. No. 1566 of 1929, an application under Section 19 of Madras Act 4 of 1938,is appealable under Section 25A of the said Act) ashas been held by the learned SubordinateJudge of Guntur against the contentions ofthe learned advocate for the respondent in thelower Court that no appeal lay in such casesinasmuch as the scaling down was of a decreepassed by the Small Cause Court and that anydecree made by the Small Cause Court is onlyrevisable by the High Court and cannot beappealed against to the Court having appellatejurisdiction ordinarily. The point is concludedby authority, see A. A. O. No. 222 of 1945(Mad) (A), wherein Wadsworth J. held thatagainst the orders of a Court of Small Cause'sappeals are excluded by the provisions of Section27, Provincial Small Cause Courts Act. Therefore the order of the lower appellate Court isset aside and that of the learned District Munsif will stand confirmed. This civil revisionpetition is allowed with costs.


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