High CourtsSingle Bench(1910) 02 MAD CK 0086

Zamindar Garu of Venkatagiri vs Vadlapudi Chinna Venkanna and Others

Madras High Court · Decided on 1 February 1910 · Citation: 5 Ind. Cas. 925

HON’BLE JUDGES
Arnold White, C.J

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Judgment

1 paragraphs · 127 words

Arnold White, C.J.—The Munsif does not appear to have considered the effect of the judgment in the (Original Suit Exhibit B). It is true the plaintiff did not set up the case in the Court below that his claim was res judicata and he does not take the point in his grounds for revision to this Court. But he is not thereby precluded from raising the point here Muhammad Ismail v. Chattar Singh 4 A. 69. I set aside the decrees of the Munsif and remand the cases to be disposed of after consideration of the effect of the judgment referred to. The petitioners must pay the costs of the petitions to this Court in any event. The other costs will be dealt with by the Munsif.