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Judgment
5 paragraphs · 108 words
1.
The Subordinate Judge declined to entertain the application which he had jurisdiction to entertain by reason of his erroneously supposing that a
certificate was necessary before the application could be entertained. The case is within the principle enunciated by the Full Bench in Manisha
Eradi v. Siyyali Koya ILR 11 Mad. 220 as warranting the interference of this Court u/s 622 of the Code of Civil Procedure. We set aside the
order of the learned Judge and also that of the Subordinate Judge and direct the latter to receive the application and deal with it according to law.
2.
Respondents will pay appellant''s costs in this Court.