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IN THE HIGH COURT OF MARAS
S. Gangaraju Bahadur
Versus
V. Ramachandra Deo Maharajulum
Decided On : 23 April, 1924
Section 109 - Civil Procedure Code - The court held that the order sought to be appealed against was not an order passed on appeal, and therefore did not fall within Clause (a) of Section 109, Civil Procedure Code. The court also refused to certify the case as a fit one for appeal under Clause (c) as the appeal related to a pure technicality with no substantial question of law involved.
Fact of the Case:
The respondent contended that the application does not lie under Section 109tJ Civil Procedure Code, and the Court cannot grant leave. The Court agreed with this contention, stating that the order sought to be appealed against was not an order passed on appeal.
Finding of the Court:
The Court found that the application failed and dismissed it with costs, as the order in question did not fall within the scope of Section 109, Civil Procedure Code.
Issues: The main issue was whether the order in question could be appealed under Section 109, Civil Procedure Code.
Ratio Decidendi: The court's decision was based on the interpretation of Section 109, Civil Procedure Code, and the determination that the order in question did not meet the criteria for appeal under that section.
Final Decision: The petition failed and was dismissed with costs.
1. The respondent contends that this application does not lie under Section 109tJ Civil Procedure Code, and this Court cannot grant leave. We think this contention is well founded. The order sought to be appealed against was an order passed by us, on an application to pass a final decree, in terms of a preliminary decree of the Privy Council, or to transmit the records to the Subordinate Judge to pass such a decree; we made an order so transmitting, but in doing so we overruled an objection that the suit had abated. Ours was not an order passed by us on appeal, so as to fall within Clause (a) of Section 109, Civil Procedure Code; and we are not prepared, to certify the case, as a fit one for appeal, under Clause (c), as the appeal relates to a pure technicality and there is no substantial question of law involved in it.
2. The petition therefore fails and is dismissed with costs.
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