High CourtsDivision Bench(1938) 07 MAD CK 0004

Gooru Narayana and Another vs Vaikuntam Chinna Lakshmayya

Madras High Court · Decided on 29 July 1938 · Citation: AIR 1939 Mad 927 : (1939) 50 LW 654 : (1939) 2 MLJ 399

HON’BLE JUDGES
Burn, J

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Judgment

4 paragraphs · 81 words

Burn, J.—The learned District Judge ought, I think, to have summoned the witnesses, since the petitioners objected to the statements of the

Reddi and the Karnam. Affidavits cannot properly be acted upon unless both parties agree to have them treated as evidence. The order will be set

aside and the petition restored to file for disposal according to law as provided for in Order 33 of the Civil Procedure Code. The costs of this

petition will abide and follow the result.