High CourtsDivision Bench(1901) 03 MAD CK 0003

Venkatapathi Naidu vs Tirumalai Chetti

Madras High Court · Decided on 18 March 1901 · Citation: (1901) ILR (Mad) 447

HON’BLE JUDGES
Shephard, J · Bhashyam Ayyangar, J

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 158 words
1.

The order appealed against is an order passed on appeal against an order passed u/s 493 of the Code of Civil Procedure. According to Section

588 of the Coda any order passed on appeal against an order passed u/s 493 is final and no appeal lies. It is true that the order appealed against

happens to be an order of remand and the same Section 588 shows that in the case of some such orders an appeal does lie. But, in our opinion,

that makes no difference. The words used are clear and amount to this, that every order which is passed in an appeal presented under the

provisions of Section 588 is final.

2.

There are orders of remand which are not passed on such appeals, but in the present; case it is clear that the appeal to the District Court was an

appeal given by Section 588.

3.

The appeal must be dismissed with costs.