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SNDP SAKHA YOGAM NO. 2220, REP. BY ITS SECRETARY, SNDP SAKHA, CHENNADU KARA – Appellant
Versus
ELANJITHANAM DEVI SAMAJAM REG NO. K-67/94, REP. BY ITS SECRETARY, DEVI SAMAJAM – Respondent
This second appeal arises from a suit instituted under Section 92 of the Code of Civil Procedure (hereinafter referred to as 'the Code' for short). The suit which was instituted before the Subordinate Judge's Court invoking its concurrent jurisdiction was decreed by the trial court. The fourth defendant in the suit challenged the decision of the trial court in appeal before the District Court. The District Court reversed the decision of the trial court and dismissed the suit. Even though the suit stands dismissed, the first defendant is aggrieved by the decision of the appellate court and hence this second appeal.
2. When the second appeal came up for admission, this Court entertained a doubt as to the maintainability of the appeal preferred by the fourth defendant before the District Court. Accordingly, the learned counsel for the parties were heard on the following question of law:
Whether an appeal would lie before the District Court against the decision in a suit under section 92 the Code instituted before the Court of the Subordinate judge invoking its concurrent jurisdiction?
3. The learned counsel for the fourth defendant conceded that this Court in Gopalakrishna Pill
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