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1940 Supreme(Mad) 71

ALFRED HENRY LIONEL LEACH
E. P. Kumaravel Nadar – Appellant
Versus
T. P. Shanmuga Nadar – Respondent


JUDGMENT

Alfred Henry Lionel Leach, C.J.

1. Three matters have been placed before this Full Bench and they can be dealt with conveniently in the same judgment as they all involve the same question. The first case arises out of a suit which was tried by the Subordinate Judge of Tinnevelly. The plaintiff contended that a post card which had been put in evidence by the first and second defendants on the allegation that it had been written by the third defendant to the second defendant was a false document. Subsequently the plaintiff filed an application asking the Court to prosecute the three defendants under the provisions of Section 476 of the Code of Criminal Procedure for offences alleged to have been committed under Sections 463, 464, 471, 473 and 476 of the Indian Penal Code. The Court dismissed the application and the Subordinate Judges decision was upheld by the judgment of the District Judge on appeal. The plaintiff has now asked this Court to revise the order of the District Judge under the provisions of Sections 4Jo and 439 of the Code of Criminal Procedure and to direct the prosecution to take place. In the second case an application was made to the Court of the District Mun

































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