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1898 Supreme(Mad) 104

H.SHEPHARD
Chakkara Chappan – Appellant
Versus
Moidin Kutti – Respondent


JUDGMENT

H.H. Shephard, C.J.

1. The first question is whether any appeal lies under Clause 15 of the Letters Patent from orders passed under the provisions of Section 622 of the Civil Procedure Code. Considering this question with exclusive reference to the language used by the framers of the Letters Patent and the Charter Act, I should have great difficulty in holding that Clause 15, read as it must be with Section 13 of the statute, was intended to give a right of appeal in such matters. In order to hold that orders passed on revision come within the scope of Clause 13 it must be held that they are made by the High Court in the exercise of its appellate jurisdiction. But for the opinion expressed in Allahabad shortly after the passing of the statute and practically acquiesced in by all the High Courts since that time, I should have thought that the power of superintendence conferred on the High Courts by Section 15 of the statute stood quite apart and distinct from their appellate jurisdiction. So that it could not possibly be said that in passing orders of a revisional character the High-Court was exercising its appellate jurisdiction. I hesitate, however, to assert my opinion in

















































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