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1957 Supreme(Mad) 148

RAJAGOPALAN
C. S. Visalakshi Amma – Appellant
Versus
C. Y. Anjaneyalu Chetty – Respondent


Advocates:
T. R. Srinivasa Ayyangar, for Petitioner.
The Assistant Government Pleader (K. Veeraswami), T. Venkatasubramaniam and T. Venkataramanamurthi, for Respondents.

Judgment

This is an application in which the jurisdiction vested in this Court by Article 227 of the Constitution has been invoked to set aside or correct an order passed by the Master of this Court on the Original Side in proceedings on appeal preferred against the decree and judgment in C.S. No. 55 of 1954 on the Original Side of this Court.

The question to be considered by the learned Master was, what was the correct Court-fee payable on the memorandum of appeal. Against this decision on that issue, under the provisions of the Court-Fees Act, there can be no appeal, because the statute has provided for none.

The jurisdiction vested in this Court by Article 227 is a very limited one. An erroneous decision with nothing more of any statutory authority will not be enough in exercise of the powers vested in this Court by Article 227, to set aside the order in which the erroneous decision is embodied. Practically, the principles which would apply in deciding whether a writ of certiorari could issue under Article 226 of the Constitution will also apply in deciding whether under Article 227 of the Constitution, an order the correctness of which is impugned, can be set aside. The Supreme Co








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