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1950 Supreme(Mad) 194

VISWANATHA SASTRI, SATYANARAYANA RAO, SUBBA RAO
V. Ramamirtham, Sole Proprietor, Glorious Pictures – Appellant
Versus
Rama Film Service – Respondent


Advocates:
Cases Referred
Mahomed Yusuf v. Khadir Badsha Sahib : [1949] 1 M.L.J. 503

Satyanarayana Rao, J.-At the instance of Mack, J., two questions have been referred to the Full Bench:

"1. Whether section 15, Civil Procedure Code, governs Chartered High Courts, and whether in view of it all suits below Rs.10,000 in value should not be instituted direct in the City Civil Court;

2. Whether the City Civil Court is competent to try or dispose of suits filed in the High Court below Rs.10,000 in value which were instituted prior to the enhancement of its jurisdiction from Rs.8,000 to Rs.10,000; if so, can such transfers be legally made under either section 16, proviso (2), Madras City Civil Court Act or under section 24(1), Civil Procedure Code."

This reference was occasioned as Mack, J., was of opinion that an earlier decision of Panchapagesa Sastri, J., in Mahomed Yusuf v. Khadir Badsha Sahib1, which held that the High Court had no power under section 16(2) of the Madras City Civil Court Act (VII of 1892) to transfer to the City Civil Court, suits instituted in the High Court on its original side before the date of the notification G.O. No.M.S.4175, Home, dated nth November, 1948, required reconsideration. In order to better appreciate the scope of the questions raised






































































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