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1923 Supreme(Mad) 132

F OLDFIELD, V.RAO
M. Runganatha Thathachariar – Appellant
Versus
Krishnaswami Thathachariar And – Respondent


JUDGMENT

Francis Oldfield, J.

1. This appeal is against an order passed by the Subordinate Judges Court, Chingleput, on a petition presented to it under clause 10 of the scheme sanctioned by the decree in Appeal Suit No. 212 of 1909 for the management of one of the Conjeevaram temples. That petition was presented on the assumption that a vacancy had occurred among the trustees Under the scheme and that, as it had not been filled by either of the two agencies primarily responsible for filing it, the lower Court must, in accordance with the scheme, do so. The lower Court held after enquiry that the point disputed before it, a vacancy had occurred and directed that it should be filled in the manner provided by the rules framed by the High Court. No more need be said to show that there is no question of failure on the part of the lower Court to exercise jurisdiction or of interference with its action by way of revision. The question is then only of interference, as we are asked to interfere in the exercise of our appellate powers; and we have accordingly to decide whether an appeal against the lower Courts disposal lies, respondents contending that it does not.

2. That, it is conceded, de












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