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1963 Supreme(Mad) 135

JAGADISAN, P.S.KAILASAM
Samidorai Thennavarayar – Appellant
Versus
Vaithilinga Thennavarayaar and others – Respondent


Advocates Appeared:
P.S. Ramachandran and P.S. Balakrishna Aiyar, for Applicant; R. Gopalaswami Aiyangar, for Respondents.

Judgement

JAGADISAN, J. :- The question raised is of some importance, as it relates to the right of appeal to the Supreme Court under Art. 133(1)(a) of the Constitution read along with Sec. 110 C.P.C. I agree with the judgment of my learned brother; but, I however, wish to add a few words, having regard to the fact that no direct decision on the precise point now in issue has been brought to our notice. The facts of the case giving rise to this petition have been fully set out by Kailasam and they need not be repeated.

2. A right of appeal is a substantive right, though it stems from a statute or the Constitution, and is not inherent to every defeated suitor. The constitutional provisions dealing with the right of appeal to the Supreme Court have to be read with due regard to the qualifications, limitations and restrictions contained therein; but with a liberality which would favour an appeal being preferred rather than with the stringency that would defeat it if the words are sufficiently clear, either, for or against an appeal, there can be no issue regarding the right. If, however, the words are ambiguous and are capable of being construed as sustaining a right of appeal, or as co


























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