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1940 Supreme(Mad) 465

KRISHNASWAMI AYYANGAR
The Standard Type Foundry by the Proprietor, A. Thiruvengada Mudaliar – Appellant
Versus
Chebolu Venkataramaniah – Respondent


JUDGMENT

Krishnaswami Ayyangar, J.

1. This is a petition to revise the order of the District Munsif of Rajahmundry made on 6th December, 1937, in I. A. No. 934 of 1937 in O. P. No. 33 of 1937. The petitioner was the defendant in a suit--No. 1103 of 1936--on the file of the Second Panchayat Court, Rajahmundry governed. with respect to its jurisdiction and procedure by the provisions of the Madras Village Courts Act, 1888. The respondent instituted the suit for the recovery of a sum of Rs. 24-10-6 alleged to be due to him on dealings. The petitioner entered a defence alleging, firstly, that the Panchayat Court had no jurisdiction, and, secondly, that the money claimed was not due. He however failed to appear on the date of the hearing with the result that an ex parte decree was passed against him on 4th February, 1937. On the 3rd August, 1937, the petitioner moved the District Munsif, Rajahmundry in O. P. No. 33 of 1937, for an order setting aside the decree passed by the Panchayat Court on the ground that he was not a resident within the jurisdiction and that the Panchayat Court had therefore no right to entertain the suit against him. This petition was filed under Section 73 of the M






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