Privy Council in Mt. Bhagwati v. Ram Kali , AIR 1939 PC 133 : 66 IA 145 : ILR 1939 All 460 as follows :
There it is stated ... Privy Council in Mt. Bhagwati v Ram Kali (AIR 1939 PC 133). Therefore even if an application for reference is made under
AIR 1922 PC So) by the learned Judge's Jn ILR 57 Mad-271: (AIR 1934 Mad 103- (2))' (FB) followed in Krishnamoorthi ... Council) in Mt. Bhagwati v. Mt. Ram- Kali, ILR (1939) All 460 (AIR 1939 PC 133).
35. The learned counsel, also referred to a decision
decided in ILR 45 Mad 320 = (AIR 1922 PC 80), Mt. Bhagwati v. Ram Kali, AIR 1939 PC 133, asserted that the change ... which provides for such appeals in the case of awards, AIR 1939 PC 133 went on to recognise that Sub-section (2) of Section
provisions of the Civil Procedure Code.
8. In Chikkanna v. Perumal , AIR 1940 Mad 474, a Full Bench of the Madras High Court after having ... judgement of the Privy Council in ILR (1939) All 460 (equivalent to AIR 1939 PC 133). The opinion expressed in ILR 45 Mad 320: (AIR
Secy. of State ', AIR 1930 PC 64 (A); and 'Mt. Bhagwati v. Mt. Ramkali ', AIR 1939 PC 133 (B).
8. The scope
upon the decision of the Madras High Court in Mahalinga v. Theetharappa , AIR 1929 Mad 223, in which it was observed that a decision ... Ramachandra's case (AIR 1922 PC 80) and also in Bhagawati v. Ram Kali, AIR 1939 PC 133. But the omission
Court's jurisdiction is restricted only to these two objections. (AIR 1930 PC 64) If the reference court determines these disputes including the dispute ... bind the parties in any later suit involving that issue (AIR 1939 PC 133). The reference Court has to decide the dispute referred
Theetharappa Mudaliar , AIR 1929 Mad 223: Venkata Reedi v. Adhinarayana , AIR 1929 Mad 351; Muthuvijaya Raghunatha v. Karuppiah.AIR 1939 Mad 76 and Reghunathdas Harijivandas ... decision of the Privy Council in Mt. Bhagwati v. Ramkali, AIR 1939 PC 133. It was so held in Chikkanna Chettiar v. V. S. Peruman
Supreme Court at page 173 (of SCR) : (at p. 40 of AIR) of the above report where they say:
"Where a plea ... case of Bhagwati v. Ram Kali , 66 Ind App 145: (AIR 1939 PC 133) (B).
6. Accepting the above decision of the Privy Council
Ramachandra Rao v. Ramachandra Rao AIR 1922 PC 80; and Mt. Bhagwati v. Mt. Ram Kali AIR 1939 PC 133.
23. A Division Bench