High CourtsDivision Bench(1954) 03 MAD CK 0001

Koil Kandadai Chandamarutham Vedanthacharswami and others vs Rajah Sir Muthiah Chetti

Madras High Court · Decided on 17 March 1954

HON’BLE JUDGES
Satyanarayana Raw, J · Rajagopalan, J
CASE NUMBER
S.R. No. 51362 of 1953 in S.T.A. No. 22 of 1953

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Judgment

7 paragraphs · 171 words

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.