AI Structured Summary
Not yet generated for this judgment
Judgment
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.
