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1950 Supreme(Mad) 393

SUBBA RAO
P. M. Desappa Nayanim Varu – Appellant
Versus
Ramabhaktula Ramiah – Respondent


Advocates:
C.S. Venkatachariar and D. Ramaswami Aiyangar for Appellants.
U. Sethumadhava Rao for Respondents.

Judgment.-

This is an appeal against the judgment of the Court of the Subordinate Judge of Chittoor dismissing the suit filed by the appellants on the ground that the presentation of the plaint was not valid.

The suit was originally instituted in the Court of the District Munsif of Tirupathi. The plaint was signed by one G. Kanniah as the power-of-attorney agent of plaintiffs 1 and 2 and he also gave a vakalat in that capacity to an advocate practising in that Court. The District Munsif returned the plaint as he found that the subject-matter of the suit was beyond the pecuniary jurisdiction of that Court. The plaint so returned was re-presented in the Subordinate Judge’s Court, Chittoor. One Narayanaswami Naidu claiming to be the power-of-attorney agent of plaintiffs 1 and 2 gave a fresh vakalat to the advocate on 2nd June, 1945 and it was duly accepted by him. The defendants raised the contention that under the power-of-attorney given to Narayanaswami Naidu, no power was conferred on him to engage an advocate or conduct a suit in the Subordinate Judge’s Court. The learned Subordinate Judge accepted the contention of the defendants and dismissed the suit. The plaintiffs have preferre












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