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1891 Supreme(Mad) 104

PARKER
Vaikunta Prabhu – Appellant
Versus
Moidin Saheb – Respondent


JUDGMENT

Parker, J.

1. In the execution of Small Cause Suit No. 417 of 1885 on the Mangalore District Munsifs file, the defendants applied to be declared insolvents. This application was filed as Insolvency Suit No. 7 of 1888, and was dismissed by the District Munsif. Their appeal to the District Court has been dismissed on the ground that no appeal lies; hence this revision petition under Section 622, Civil Procedure Code.

2. The ground on which the District Judge has dismissed the appeal is that it is one from an insolvency order passed by the District Munsif in the exercise of his small cause jurisdiction, and that under Section 24 of Act IX of 1887, an appeal is only given from one of the orders specified in Section 588, Civil Procedure Code (Clause 29), chapter XLIII of the Civil Procedure Code (in which Sections 588 and 589 occur), is not included in the chapter of the Procedure Code extended to Provincial Courts of Small Causes by schedule II, Civil Procedure Code.

3. On appeal it is argued that the order passed by the District Munsif was not passed in the exercise of his small cause jurisdiction, but in the exercise of a special jurisdiction conferred upon him by the Local Gove


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