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1964 Supreme(Ker) 33

P.T.RAMAN NAYAR
Madhavan Pillai – Appellant
Versus
Ebrahim – Respondent


Judgment :-

1. I see no ground for review. The only ground urged is that there is an error apparent on the face of the record in that, in allowing an appeal from an order of remand, I determined the suit finally by dismissing it. It is said that that is illegal and beyond my powers and that I should have been content with remanding the case to the lower appellate court for decision on the merits. I do not agree. What happened was this. The first court dismissed the petitioner-plaintiff's suit for a declaration of title and for possession on the finding that the plaintiff had no title. In appeal this finding was set aside and the suit remanded; and the appeal against the order of remand was brought on the ground that the decision of the lower appellate court on the issue of title was erroneous. Obviously I was called upon to decide the issue of title and I decided it against the plaintiff. That was enough to dispose of the suit finally; nothing else had to be determined; no purpose whatsoever would have been served by remanding the case to the lower appellate court since the only issue to be determined had been determined by me; and the logical result of a dismissal was, I am sure,



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