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K. Guruswami Naidu Vs. K. Subba Naidu and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in29Ind.Cas.265
AppellantK. Guruswami Naidu
RespondentK. Subba Naidu and ors.
Excerpt:
civil procedure code (act v of 1908), order xliii, rule 1 (u) - order of remand under madras estates land act. (1 of 1908), whether appealable. - 1. this appeal can only be brought under order xliii, rule 1, (u) corresponding to section 588 (28) of the old code of civil procedure, which is part of chapter xliii, and does not apply to proceedings under the madras estates laud act (vide section 192). the appeal does not lie and is dismissed with costs.
Judgment:

1. This appeal can only be brought under Order XLIII, Rule 1, (u) corresponding to Section 588 (28) of the old Code of Civil Procedure, which is part of Chapter XLIII, and does not apply to proceedings under the Madras Estates Laud Act (vide Section 192). The appeal does not lie and is dismissed with costs.


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