High CourtsFull Bench(1909) 03 MAD CK 0024

Kollipara Seetapaty vs Kankipaty Subbaya

Madras High Court · Decided on 5 March 1909 · Citation: (1910) ILR (Mad) 323 : 1 Ind. Cas. 543

HON’BLE JUDGES
Arnold White, C.J · Miller, J · Abdur Rahim, J

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Judgment

4 paragraphs · 101 words
1.

We are unable to agree with the view taken by the learned Judges in Parameshwaran Nambudiri v. Vishnu Embrandri 27 M.k 479, as regards

the appellate decision in that case. As the decision of the Appellate Court in the case before us was made without jurisdiction, we think this Court

is bound to set it aside. As regards the decision of the appellate Court, we think the cases Ramasamy Chettiar v. R.G. Orr 26 M.k 176, and

Shankarbhai v. Somabhai 25 B.k 417, were rightly decided. We would answer the question which has been referred to us in the affirmative.