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1933 Supreme(Mad) 15

CURGENVEN
R. A. Venkatathirisami Naidu – Appellant
Versus
R. V. Kasthuriranga Appaswami Naidu – Respondent


ORDER

Curgenven, J.

1. This is an application under Section 110 of the Code of Civil Procedure for permission to appeal to His Majesty in Council. The suit was brought on behalf of minor plaintiffs against the defendant, as executor under their fathers will, for an account of his management of the estate. The valuation of the relief claimed was over Rs. 10,000, so that the case fulfils the first condition prescribed by the section, that "the amount or value of the subject-matter of the suit in the Court of first instance must be Rs. 10,000 or upwards". We are asked to hold that the second condition is also satisfied, that "the amount or value of the subject-matter in dispute on appeal to His Majesty in Council" is the same sum or upwards.

2. The decision of this point depends upon whether the plaintiffs, who are the petitioners, are entitled to include in their reckoning interest accruing subsequent to suit. The Court of first instance gave a decree which, after correction of an error, amounted to Rs. 3,859-14-10. This sum was the subject-matter of the defendants appeal to this Court, and the plaintiffs presented a memorandum of objections claiming, in addition to it, a sum disallowed



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