High Courts(1908) 09 MAD CK 0022

Janaki Ammal vs Narayanaswami Iyer

Madras High Court · Decided on 19 September 1908 · Citation: (1908) 18 MLJ 589

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

9 paragraphs · 191 words
1.

We think there is no appeal u/s 588, Clause (24), of C.P.C. - vide Rani Keshobati Kumari v. Mac Gregor 12 C.W.N. 648. We dismiss the

appeal with costs.

2.

But we have no doubt that the Subordinate Judge''s decision to make the order is a judicial order he considers the question whether he has

jurisdiction to make it and decides in favour of the jurisdiction) and one which can be revised u/s 622, C.P.C. We think the Subordinate Judge had

no jurisdiction to call upon the first defendant to furnish accounts, She was appointed receiver by the High Court pending an appeal, and, in our

opinion, no other Court had power to make any order or give any direction as supplementary to those given by the High Court, or without

authority given by that Court. There was no proceeding pending before the Subordinate Judge - Ramanadhan Chetty v. Narayanan Chetty ILR

(1903) M. 602 - and the order of the High Court informing him of the appointment does not give him jurisdiction to give directions to the receiver.

3.

We set aside the order with costs in both Courts.