High CourtsSingle Bench(1953) 03 MAD CK 0005

Vanukuri Danda Reddi vs Vajrala Ramireddi

Madras High Court · Decided on 24 March 1953 · Citation: AIR 1953 Mad 908 : (1953) 1 MLJ 851

HON’BLE JUDGES
Ramaswami, J
RESULT
Allowed
CASE NUMBER
Civil Revision Petition No. 121 of 1951

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Judgment

8 paragraphs · 203 words

Ramaswami, J.—The short point for determination in this civil revision petition is whether the order of the District Munsif of Guntur in I. A.

No. 71 of 1950 in S. C. No. 1566 of 1929, an application u/s 19 of Madras Act 4 of 1938, is appealable u/s 25A of the said Act) as has been

held by the learned Subordinate Judge of Guntur against the contentions of the learned advocate for the respondent in the lower Court that no

appeal lay in such cases inasmuch as the scaling down was of a decree passed by the Small Cause Court and that any decree made by the Small

Cause Court is only revisable by the High Court and cannot be appealed against to the Court having appellate jurisdiction ordinarily. The point is

concluded by authority, see A. A. O. No. 222 of 1945 (Mad) (A), wherein Wadsworth J. held that against the orders of a Court of Small

Cause''s appeals are excluded by the provisions of Section 27, Provincial Small Cause Courts Act. There fore the order of the lower appellate

Court is set aside and that of the learned District Munsif will stand confirmed. This civil revision petition is allowed with costs.