High Courts(1908) 09 MAD CK 0020

Signor Coppa D'Angelis vs Signor G. D'Angelis

Madras High Court · Decided on 24 September 1908 · Citation: (1908) 18 MLJ 566

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Judgment

5 paragraphs · 135 words
1.

An objection is taken now that we ought not to hear this petition u/s 622 of the CPC because it was open to the petitioner before coming here

to seek a remedy u/s 38 of the Small Cause Court Act. It is not denied that that remedy was open to him, and we think the objection must prevail.

This Court will not, unless it be in a very special case, interfere u/s 622 when the party aggrieved has a remedy elsewhere, and no special reason is

shewn here why the application provided by Section 38 of the Small Cause Court Act could not have been made. We, therefore, dismiss this

petition. The objection should have been taken at an earlier stage of the proceedings, and we direct that each party bear his own costs.