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1948 Supreme(Mad) 137

YAHYA ALI
Periyasami Padayachi and another – Appellant
Versus
Minor Ulaganathan by next friend mother Muthammal and others. – Respondent


Advocates Appeared:
R. Rangachari for Petitioners.
K.S. Desikan and K. Raman for Respondents.

Judgment.-

The minor first respondent filed an application under Order 33, rule 1 of the Civil Procedure Code, for leave to sue the petitioners who were respondents 1 and 2 in that petition and others, for partition and separate possession of his one-third share in the properties mentioned in the schedules attached to the petition. His father who is the first petitioner here objected to the grant of leave on the ground inter alia that the value of the suit properties is more than Rs. 3,000 and if the petition was to be admitted and registered as a suit, the subject-matter of the suit would be beyond the limits of the pecuniary jurisdiction of the Court of the District Munsiff of Ariyalur. The objection was overruled by the District Munsiff. This civil revision petition is against that order. The learned District Munsiff relying upon a Bench decision of the Allahabad High Court reported in Nur Muhammad v. Maulvi Jamil Ahmad 1 was of the opinion that the question of jurisdiction could not be considered at that stage as the petition could not be returned for presentation to the proper Court in the event of its being found that the subject-matter of the suit was beyond its pecuniary jur











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