AI Structured Summary
Not yet generated for this judgment
Judgment
Satyanarayana Rao, J.—We think that the view taken by the office, that a Memorandum of Cross-objections does rot lie, under the Madras
Estates (Abolition and Conversion into Rootworm) Act, 1948 is correct. S. 51 confers a special right on the aggrieved person in certain cases to
appeal to a Special Tribunal constituted by the Chief Justice. There is no provision in the Act attracting the entice procedure laid down in the CPC
including the right to file cross-objections; and the right of the aggrieved person is restricted to an appeal under S. 51. The rule on which reliance is
placed only empowers the Special Tribunal to exercise all the powers exercisable by a civil Court in the trial of suits and appeals, but it does not
confer any right upon the litigant to file cross-objections instead of an appeal; and we think, therefore, that there is no right conferred upon the
aggrieved person to file a memorandum of cross-objections in this appeal, The memorandum of cross-objections is directed to be returned.
