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1903 Supreme(Mad) 80
IN THE HIGH COURT OF MADRAS
Sankarachariar of Kumbakonam by his Agent, A. Pattabhiramier
Versus
Murugesa Mudaliar
Decided On : 14.08.1903
Improper transfer of suits from regular file to small cause side by the District Munsif.
Headnote:
Improper Transfer - District Munsif - The court held that the transfer of suits from the regular file to the small cause side by the District Munsif was improper. The suits were ordered to be restored to the regular file and proceeded with according to law.
Fact of the Case:
The District Munsif transferred the suits from the regular file to the small cause side.
Finding of the Court:
The court found the transfer to be improper and ordered the suits to be restored to the regular file for further proceedings.
Issues: Improper transfer of suits by the District Munsif.
Ratio Decidendi: The court held that the transfer of suits from the regular file to the small cause side was improper.
Final Decision: The court decreed that the suits be restored to the regular file and proceeded with according to law. Costs of the petitions will abide and follow the event.
1. The order of the District Munsif transferring these suits from his regular file to the small cause side was improper. We must therefore set aside his order and decree that the suits be restored to his file on the regular side and proceeded with according to law.
2. Costs of these petitions will abide and follow the event.
