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1927 Supreme(Mad) 444

CURGENVEN
(Dwarampoodi) Venkamma – Appellant
Versus
Goparaju Perraju – Respondent


JUDGMENT

Curgenven, J.

1. This is an appeal from an order of 2nd Additional Subordinate Judge of Narsapur remanding O.S. No. 11 of 1921 to the file of the District Munsif of Tanuku for the admission of additional evidence. The course which the litigation took has been reviewed in his order. There was a question whether the plaintiff had secured a division and delivery of the half share in the lands which he obtained under the compromise decree in the suit of 1900. Upon that question a delivery receipt was tendered in evidence before the District Munsif and by him rejected on the ground that it was a document compulsorily registrable. The learned Subordinate Judge, differing from this view, held that the document was admissible and remanded the case for the admission not only of this document, but of some other documents for the plaintiff and also for the contesting fourth defendant. A question is raised whether this order is appealable as having been passed under Order 41, Rule 23, Civil P.C., and that necessitates a finding whether the District Munsif in excluding the delivery receipt (found subsequently admissible) can be said to have decided the suit upon a preliminary point. In t









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