K. V. Govindarajulu Maliar vs Devar and Company

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1953 Supreme(Mad) 201

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr.P.V. Rajamannar, Chief Justice and Mr. Justice Venkatarama Aiyar.
K.V. Govindarajulu Maliar
Versus
Devar and Company
L.P.A.No.125 of 1950.
Decided On : 06 July 1953

Advocates:
V.S. Rangaswami Aiyangar for Appellant.
A.K. Balakrishnan for Respondent.

Order.-

This is an appeal against the order of Somasundaram, J., transferring a suit on the file of the Court of the District Munsiff of Chittoor to the file of the District Munsiff, Kozhikode. The appeal purports to be under clause 15 of he letters Patent. It has been decided by the Supreme Court recently that an order transferring a suit from one Court to another is not a judgment within the meaning of clause 15. (see Asrumati Debi v. Rupendra Deb1). The decision in Krishna Reddi v. Thanikachala Mudali2, on which reliance was placed by counsel for the appellant must be deemed to have been overruled by this decision of the Supreme Court. The appeal is therefore incompetent and is dismissed.

No costs.

V.P.S. ----- Appeal dismissed.

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