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1954 Supreme(Mad) 224

SATYANARAYANA RAO, RAJAGOPALAN


Advocates:
M.K. Nambiar and L.S. Veeraraghava Aiyar for Appellant.

Satyanarayana Rao, J.-

This matter was placed before us for orders as to whether the appeal lies against the order of the learned Chief Justice in Civil Revision Petition No.473 of 1954. The Civil Revision Petition was filed both under section 115, Civil Procedure Code and also under Article 227 of the Constitution. In the revision petition the learned Chief Justice disposed of the matter on merits and agreed with the learned District Judge that the respondent ceased to hold office because of the supervening disqualification that he had become a leper. In that view the learned Chief Justice thought it unnecessary to deal with the preliminary objection raised on behalf of the respondent that the Civil Revision Petition was itself incompetent, because the District Judge acting under section 51 of the District Municipalities Act was only a persona designata and not a Court. The jurisdiction that was invoked whether it rightly falls under section 115, Civil Procedure Code, or under Article 227 of the Constitution in our opinion, is the revisional jurisdiction and not the extraordinary original jurisdiction like the jurisdiction of this Court under section 226 of the Constitution. Under

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