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1930 Supreme(Mad) 155

CURGENVEN
Ramaswami Chettiar, Minor By Next – Appellant
Versus
Roya Kanniappa Mudaliar And Ors. – Respondent


JUDGMENT

Curgenven, J.

1. This is an appeal from an order passed by Eddy, J., in Application No. 104 of 1930 in C.S. No. 762 of 1926, adding the three applicants as party defendants to the suit. The plaintiff, a member of Nattukottai trading family, had sued the other members of his family for partition and an account of the assets and liabilities; and this application was made after a preliminary decree had been passed, the applicants, in their capacity as manager and worshippers respectively of a certain temple, applying to be added as parties to the suit upon the allegation that a sum of Rs. 1,38,000 of the alleged family assets was money to be held in trust for the benefit of the temple. Against the order of Eddy, J., granting the application the plaintiff appeals.

2. The question is raised whether an appeal from an order of this kind lies, that is, whether the order amounts to a "judgment" within the meaning of clause 15 of the Letters Patent. An attempt has been made by the appellant to derive from the specific consequences of this order, grounds in support of its appealability, but I think it is clear that we must look only to the general nature and effect of the order, and not





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