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1965 Supreme(Ker) 119

T.C.RAGHAVAN
Sekharan – Appellant
Versus
Meenakshi – Respondent


Judgment :-

1. The second appeal was admitted by Madhavan Nair, J. "Notice on ground No. 10". The learned Advocate General questions the correctness of piecemeal admission of second appeals like this. He draws my attention to a few decisions on the question. The first of them is P. Lakshmi Kutty Pillai v. P. Velayudhan Pillai (ILR. 1952 T.C. 385). Subramania Iyer, J. has discussed the various decisions on the question and has also considered the effect of R.11 and 12 of O. XLI of the Code of Civil Procedure. Ultimately, the learned judge has considered two Full Bench decisions, one, of the Madras High Court in Vattipalle Eswariah v. Vattipalle Rameswarayya (AIR. 1940 Mad. 483) and the other, of the Bombay High Court in Krishnaji Shrinivas Jalvadi v. Madhusa Appansa Ladaba (AIR. 1934 Bom. 207). In the Bombay decision the Full Bench held that if the subject-matter of an appeal was severable, it was open to the judge to admit it and at the same time to restrict the grounds on which the appeal was to be heard. In the

Madras ruling it was held that the court had no jurisdiction to admit an appeal in part and dismiss it in part, even if the appeal consisted of distinct and severable part







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