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Vasudeva Shanabhag Vs. Damodhara Shanabhag - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in110Ind.Cas.113
AppellantVasudeva Shanabhag
RespondentDamodhara Shanabhag
Excerpt:
madras village courts act (i of 1880), section 73 - revision of decree on ground of gross partiality of panchayat--knowledge of party during trial, whether debars revision. - devadoss, j.this is an application to revise the order of the district munsif of udipi declining to entertain an application under section 73 of the madras village courts act i of 1889. the district munsif is not right in declining to interfere with the order of the panchayat court on the ground that the petitioner could have made the application earlier stage as he had been aware of the ill-feeling existing between him and some of the pamhayatdurs. the district mansif was not right in dismissing the application on that ground for under a. 73 it is open to a party deeming himself aggrieved by any decree or order of a panchayat court to move the district munsif for setting aside such order on the ground of corruption, gross partiality or misconduct etc., of the village court within sixty.....
Judgment:

Devadoss, J.

This is an application to revise the order of the District Munsif of Udipi declining to entertain an application under Section 73 of the Madras Village Courts Act I of 1889. The District Munsif is not right in declining to interfere with the order of the Panchayat Court on the ground that the petitioner could have made the application earlier stage as he had been aware of the ill-feeling existing between him and some of the pamhayatdurs. The District Mansif was not right in dismissing the application on that ground for under a. 73 it is open to a party deeming himself aggrieved by any decree or order of a Panchayat Court to move the District Munsif for setting aside such order on the ground of corruption, gross partiality or misconduct etc., of the Village Court within sixty days from the date of the decree. Even though a party was aware, at the time the trial went on, of the fact that the Panchayat Court waa grossly partial to him or corrupt, it is not incumbent upoa him to rush to the Muasif and ask for interference before a decree is passed. The law gives him the right to apply to the District Munsif within sixty days after the passing of the decree or order which he wants to get set aside. The order of the District Munsif is, therefore, not warranted by the provisions of Section 73. The question is whether I should interfere with the order which is not quite legal. As this application is under Section 115 of the Coda of Civil Procedure and as the Panchayat Court seems to have written a long judgment giving reasons for its conclusions, this Gourt is not called upon to interfere with that appears to be a proper judgment. On these grounds, I dismiss the petition but in the circumstances without costs.


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