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Chinnasami Pillai Alias Muthukarruppa Pillai Vs. Powayee Ammal and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in102Ind.Cas.877
AppellantChinnasami Pillai Alias Muthukarruppa Pillai
RespondentPowayee Ammal and ors.
Cases ReferredAcha v. Sankaran
Excerpt:
civil procedure code (act v of 1908), a. 115 - court-fees, order as to payment of--revision, whether lies. - .....752; a.i.r. 1926 mad. 768. no doubt, other judges of this court have taken a different view, but, with all respect, i prefer to follow phillips, j. petitioner has other remedies open to him and it is, i think, no answer to say that the appropriate remedy is more cumbrous than that he seeks to obtain by way of revision.2. assuming that i can interfere in such a matter in revision, i am unable to sea how any question of jurisdiction arises.3. the lower court may be wrong, but it had jurisdiction to pass the order it did. the petition is dismissed with costs.
Judgment:

Waller, J.

1. A preliminary objection is taken that the High Court should not interfere under Section 115 of the Civil Procedure Code in a case of this kind. That was the view taken by Phillips, J., in Acha v. Sankaran 95 Ind. Cas. 424 : (1926) M.W.N. 444 : 50 M.L.J. 497 : 23 L.W. 752; A.I.R. 1926 Mad. 768. No doubt, other Judges of this Court have taken a different view, but, with all respect, I prefer to follow Phillips, J. Petitioner has other remedies open to him and it is, I think, no answer to say that the appropriate remedy is more cumbrous than that he seeks to obtain by way of revision.

2. Assuming that I can interfere in such a matter in revision, I am unable to sea how any question of jurisdiction arises.

3. The lower Court may be wrong, but it had jurisdiction to pass the order it did. The petition is dismissed with costs.


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