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1960 Supreme(Ker) 74

K.SANKARAN, S.VELU PILLAI, C.A.VAIDIALINGAM
Kochupennu Kochikka – Appellant
Versus
Kochikka Kunjipennu – Respondent


Judgment :-

1. This case has come up before the Full Bench for an authoritative decision on the objections raised to the competency of a Single Judge to hear the appeal. The suit out of which this appeal has arisen, was valued at more than Rs. 1,000 and it was filed in the Munsiff's Court at Karunagapally. An order passed by that court in execution of the decree in the suit, was the subject-matter of an appeal in the Sub-Court at Quilon, and it is against the appellate order of that court that the present second appeal has been filed on 5th February 1959 when the Travancore-Cochin High Court Act (Act V of 1125, as amended by Act I of 1952) was in force. Under that Act, a Single Judge of the High Court had the power to hear only such of the second appeals as would come within the limit prescribed by clause [c] of sub-section [4] of S.20 of that Apt. "Every appeal valued at Rs. 1,000 or less from an appellate decree and every appeal from an appellate order where the subject-matter of the suit is valued at Rs. 1,000 or less" came under this category. Naturally, therefore, the other second appeals which were beyond the aforesaid limitations had to be heard by a Division Bench consistin

























































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