High Courts(1916) 10 MAD CK 0025

Putta Kannayya Chetti and Others vs Rudrabhatla Venkata Narasayya

Madras High Court · Decided on 31 October 1916 · Citation: (1917) ILR (Mad) 1 : (1917) 5 LW 580 : (1917) 32 MLJ 221

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Judgment

7 paragraphs · 153 words
1.

Our answer to the question referred to us is that where a suit for accounts is instituted in a District Munsiff''s Court the plaintiff valuing the

subject-matter of the suit at an amount within the pecuniary jurisdiction of the District Munsiff and a decree is passed for more than Rs. 5,000 the

appeal from that decree lies to the District Court and not to the High Court. The question is fully discussed in the Order of Reference and it is not

necessary to add anything. We overrule the decision in Ayyalu Naidu v. Ramasami Raja (C.M.A. 131 of 1915), which follows Ijjatulla Bhuyan v.

Chandra Mohan Banerjee ILR (1907) Cal. 958, and Chathanath Madhavi v. Chathanath Kunhunni Menon (1893) 4 M.L.J. 43.

2.

We may mention that the case in Muttammal v. Chinnana Goundan ILR (1881) M. 220, which has been referred to at the bar does not affect

the present question.