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1952 Supreme(Mad) 346

GOVINDA MENON, BASHEER AHMED SAYEED
Shaik Masthan Sahib – Appellant
Versus
Palayani Balarami Reddi – Respondent


Advocates Appeared:
K. Umamaheswaram, for Alladi Kuppu swami, for Appellant; O. Chhinnappa Reddi, for Respondent.

Judgement

ORDER OF REFERENCE SUBBA RAO, J.:- Learned counsel appearing for the parties in the second appeal agree that this appeal may be posted before a Bench of two Judges. The only ground for the joint request is that the value of the property involved in the second appeal is more than Rs.50,000. If the appeal is heard by a single Judge and leave to prefer the Letters Patent appeal is refused they are afraid that they will not have an opportunity to take up the matter to the Supreme Court. The relevant rule of the Appellate Side Rules is rule (1) Chapter I, Part II which reads thus:

"The following matters may be heard and determined by one Judge; provided that the Judge before whom the matter is posted for hearing may at any time, adjourn it for hearing and determination by a Bench of two Judges:

The rule does not lay down the circumstances under which a single Judge is empowered to post the case before a Bench of two Judges. Therefore, a, single Judge may, in his discretion refuse to post a case before a Bench if in his opinion the value of the subject-matter of the appeal is not a relevant circumstance for posting it before a Bench. But it is represented to me that under the Sta































































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