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1937 Supreme(Mad) 150

HORACE OWEN COMPTON BEASLEY, KT.
Ramath Kappalli Kelu Kurup – Appellant
Versus
Eacharambath Madathil Subramania Aiyar Decided On: 05. 04. 1937 – Respondent


JUDGMENT

Horace Owen Compton Beasley, Kt., C.J.

1. The point that is constantly being agitated in the High Court is again before me, that is, the question whether the High Court is bound to interfere in revision when the trial Court had no jurisdiction to try the suit, that is, where the District Munsiff has wrongly tried an original suit on the Small Cause Side or conversely has tried a Small Cause Suit on the Original Side. This point as to jurisdiction is constantly taken for the first time in the High Court and I am satisfied from the cases which have been put before me that the majority opinion in this High Court is that the High Court is not bound to allow the point under such circumstances to be taken or if it is allowed to be taken the High Court is not bound to interfere in revision if it is satisfied that the lower Courts decree was correct. This latter point put in the following way I think seems in justice and reason to be capable of only one answer. If the District Munsiff sitting on the wrong side of his Court, passes a decree which is correct in the opinion of the High Court, to whom a Civil Revision Petition is presented, must the High Court set that decree aside mere

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