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C. Venkatasubbiah Chetty Vs. C.V. Venugopaul Mudeliar and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in9Ind.Cas.260
AppellantC. Venkatasubbiah Chetty
RespondentC.V. Venugopaul Mudeliar and anr.
Excerpt:
high court - ordinary original jurisdiction--order in claim proceedings--civil procedure code (act xiv of 1882), section 278--appeal against order--prima facie evidence in faroni of a party--refusal of appellate court to go into the merits. - .....of law raised.6. the costs will be reserved and dealt with at the trial of the suit. the parties will be at liberty to apply for costs should no such suit be.....
Judgment:

1. The Judge finds that the money was in fact advanced for the purchase of the houses in question. The appellant raises several points of law and contends that the order of the Judge was wrong in law.

2. The order was made in the course of summary proceedings, under Section 278 of the Code of Civil Procedure. The evidence shows a prima facie case in favour of the claimant and in an appeal from the order made in summary proceedings, we are not prepared to say the Judge was wrong.

3. The appellant has his remedy by way of suit under Order XXI, Rule 63 of Civil Procedure Code of 1908.

4. We think the question raised can be dealt with more satisfactorily in a suit brought for the purpose.

5. We dismiss the appeal without prejudice to the questions of law raised.

6. The costs will be reserved and dealt with at the trial of the suit. The parties will be at liberty to apply for costs should no such suit be instituted.


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