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Judgment
5 paragraphs · 117 words
1.
A decision by the District Judge u/s 84 (2) of the Madras Hindu Religious Endowments Act II of 1927 has been held to be not appealable
under a recent Full Bench decision of our High Court in Appeal No. 574 of 1931 given on April 11, 1933: Bhyraraju Ramaraju Vs. Pulavarthi
Lakshmiah, This is an appeal against an order refusing to set aside the dismissal of the application under the aforesaid s. 84 for default. According
to Order XLIII, Rule 1, clause. (c), an appeal would lie against such an order only in a case open to appeal.
2.
We therefore, hold that the Civil Miscellaneous Appeal is incompetent and dismiss it with costs (Two sets).