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1919 Supreme(Mad) 33

K.SASTRI
Rethamali Servai – Appellant
Versus
Ramasami Servai – Respondent


JUDGMENT

1. It is clear from the plaint that the suit is to file the award under Section 20 of the Second Schedule to the Civil Procedure Code and to direct payment of the money decided by the arbitrators as payable to the plaintiff by the defendants. The Subordinate Judge has in his judgment refused to file the award.

2. The award, after directing the defendants to pay plaintiffs Rs. 427-1.7 with interest at 6 per cent. per annum, declares the dissolution of the marriage between the 2nd plaintiff and the 2nd defendant. The arbitrators decide that the marriage between the parties has been dissolved pursuant to the custom in vogue amongst the members of the caste and state that "henceforth there shall be no manner of connection between the 2nd plaintiff and 2nd defendant and that "as sanctioned by the custom of the caste each party shall be at liberty to marry according to his or her pleasure."

3. I do not think the Small Cause Court has jurisdiction to file an award which, though it directs payment of money within the pecuniary limits of its jurisdiction, gees on to declare the dissolution of marriage between the parties. Section 20 of the Second Schedule to the Civil Procedure Code d


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