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1902 Supreme(Mad) 64

Meenatchee Achi – Appellant
Versus
Ananthanarayana Aiyar – Respondent


JUDGMENT

1. Following the decision in Suhbayya v. Saminadayyar I.L.R. 18 M. 496 we overrule the preliminary objection that S.A. No. 1132 of 1900 does not lie. As an appeal lies, C.R.P. No. 386 of 1900 which was presented in the alternative is rejected, but without costs. We also overrule the preliminary objection that C. R. P. No. 343 of 1900 which is preferred against the order of the District Judge in O.M.A. No. 9 of 1900 does not lie, by reason that the appeal did lie to the District Court, and that though the Munsif who passed the order appealed against acted in the exercise of his jurisdiction with raptorial irregularity, yet the order passed by the District Judge on appeal cannot be revised by this court under Section 622, Civil Procedure Code, though in the exercise of his appellate jurisdiction he failed to set aside the order appealed against which was erroneous in consequence of the Munsif having acted with material irregularity in the exercise of his jurisdiction. The suit was instituted by one Lakshmanan Chetty for the recovery of a debt either from the 1st defendant or from the 2nd defendant. Pending the suit the plaintiff died issueless, and within two months and a hal


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