This petition is to revise the order of the Subordinate Judge of Mayuram in O.P. No. 4 of 1959. This original petition was an unfiled appeal at the instance of the first defendant in a suit on a promissory note. A decree had been passed by the District Munsif and the first defendant appealed against that decree in forma pauperis. The Subordinate Judge, without complying with the provisions of Order 44, rule 1 (2), Civil Procedure Code, and satisfying himself that the decree was contrary to law or to some usage having the force of law or was otherwise erroneous or unjust, issued notice to the respondent. After the respondent appeared, the Subordinate Judge considered this question in the presence of the respondent and came to the conclusion that the decree appealed against was neither contrary to law nor unjust. He also discussed the merits of the case put forward by the appellant and found no substance in them.

Against the order dismissing the appeal, Mr. Sundaralingam urges two points.. The first is that after having issued notice to the respondent under Order 41, there was no jurisdiction in the learned Subordinate Judge to consider the question of the decree being unjust