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High Courts(1905) 11 MAD CK 0013

Seetharama Aiyar, dead and Others, executors to the estaes of the deceased P. Subramania Aiyar vs Chinna Chenga Reddy alias Chenga Reddy and Others

Madras High Court · Decided on 1 November 1905 · Citation: (1906) 16 MLJ 33

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Judgment

7 paragraphs · 172 words
1.

We think that the decision of the District Judge is wrong. The case of Periatambi Udayan v. Vellayya Goundan ILR (1897) 21 m. 409 is exactly

in point, and is directly opposed to the view taken by the. District Judge. We think that the view of Section 258, Civil Procedure Code, there

taken, is correct. The only case quoted by the District Judge which is, m any way, opposed to this view is Ramayyar v. Ramayyar ILR (1897) 21

M. 356 in which the Courp laid special, stress on the fact that a fraud had been practised on the Court; If this case is to be regarded as in conflict

with the decision in Periathambi Udayan v. Vellaya Goundan ILR (1897) 21 M. 409 as to the application of Section 258, C.P.C., to a case like

the presenr, we are unable to follow it.

2.

We set aside the order of the District Judge and restore that of the District Munsif with costs in this and in the lower Appellate Court.