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1966 Supreme(Ker) 77

T.C.RAGHAVAN
AMMU ALIAS MADHAVI – Appellant
Versus
GOVINDAN NAIR – Respondent


Judgment :-

1. An interesting and fairly important question has been raised by Mr. A. Achuthan Nambiar, the counsel of the second respondent, as a preliminary objection. A few facts may be stated to appreciate the question.

2. The second appeal came up for admission before Velu Pillai J. along with a petition for injunction. My learned brother dismissed the second appeal in limine on 27th June 1962 observing that there was no ground for admitting; and he also dismissed the injunction petition. On 29th June a verified petition, C. M. P. No. 4588 of 1962, was filed under S.151 of the Code of Civil Procedure praying that the second appeal might be treated as not requiring admission or that the earlier order might be reviewed under the inherent powers of the High Court. On 2nd July Velu Pillai J. passed an order on the docket of the injunction petition (C. M. P. No. 4397 of 1962) that since he formed an opinion about the case and some of the averments therein, he did not wish to hear the petition; and directed the petition to be posted on 3rd July before another Judge. However, I find another order by Velu Pillai J. dated 10th July on the same petition to the effect that since passing t
















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