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1930 Supreme(Mad) 224

REILLY
P. R. M. P. R. Perichiappa Chettiar – Appellant
Versus
Nachiappan – Respondent


JUDGMENT

Reilly, J.

1. I have had the advantage of reading the judgment which my learned brother is about to deliver and with which I entirely agree.

2. Section 109(a), Civil P.C., gives a right of appeal to His Majesty in Council from any decree made on appeal by a. High Court. Section 110, Civil P.C., qualifies that right of appeal by making two exceptions to it. First there is no appeal Under Section 109(a) if the amount or value of the subject-matter of the suit in the Court of first instance or in dispute in the proposed appeal is less than Rs. 10,000 and the decree does not involve directly or indirectly some claim or question to or respecting property of that amount or value. Secondly there is no appeal Under Section 109(a) if the decree of the High Court affirms the decision of the Court immediately below the High Court and the proposed appeal does not involve any substantial question of law. These two exceptions, as they partially take away the right of appeal given by Section 109(a), must; be strictly construed. In the present case prima facie there is no difficulty in respect of the first exception, as admittedly the amount of the subject matter of the suit in the Court of




























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