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Judgment
5 paragraphs · 114 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 Rajagopala Chettiar v. Hindu Religious Endowments Board, Madras (1933) 66 M.L.J. 43
. This is an appeal against an order refusing to set aside the dismissal of the application under the aforesaid Section 84 for default. According to
Order 43, 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.)