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Documents citing Kollipara Seetapaty vs Kantipati Subbayya on 5 March, 1909

Raja Saheb Meharban I Dostan Sri Rajah ... vs Puramsetti Venkatarao And Anr. on 11 December, 1940

Cause side of the Court of the Subordinate Judge; and I do not think therefore that the principle laid down in Kollipara Seethapathy v. Kantipati Subbayya (1909) 20 M.L.J. 718 : I.L.R. 33 Mad. 323 (F.B.), should be applied to a case where the Small Cause jurisdiction is exercised by a Court other than that in which the suit is tried on the Original Side. It follows that the order of remand must stand.
Madras High Court Cites 7 - Cited by 1 - Full Document

Palaparthi Venkateswarlu vs Palaparthi Audiseshayya And Anr. on 1 April, 1943

2. It is quite clear that the facts in Kollipara Seethapathy v. Kantipati Sybbayya (1909) 20 M.L.J. 718 : I.L.R. 33 Mad. 323 (F.B.) are different from the facts before me. That was a case in which it was agreed by both sides that the suit was a small cause suit from the moment of its institution. In the present case it is clear that when instituted the suit was an ordinary original suit.
Madras High Court Cites 2 - Cited by 0 - Full Document

The District Board By The President, ... vs P. Kuppuswami Konar Alias Kuppuswami ... on 29 January, 1947

But in the Full Bench decision in Kollipara Seethapathi v. Kantipati Subbayya(1909) 90 M.L.J. 718 : I.L.R. 33 Mad. 323 (F.B.), this decision is approved only in so far as it was necessary to set aside the appellate decision which reversed the decision of the District Munsiff. There is no approval of the course adopted by the learned Chief Justice. It is really futile and meaningless that merely because a suit which would have been tried in a summary way as it was of a small cause nature was tried as an original suit by mistake of the plaintiff and the Court concurred in by the defendant, the decree should be set aside in revision on no other ground but for the reason that the jurisdiction invoked was not the small cause jurisdiction but the original jurisdiction.
Madras High Court Cites 3 - Cited by 1 - Full Document

Kamalathammal vs Harihara Aiyar on 30 August, 1940

In the Full Bench case in Kollipara Seethapathy v. Kantipati Subbayya (1909) 20 M.L.J. 718 : I.L.R. 33 Mad. 323 (F.B.), it appears that the District Munsif who tried the suit on the original side had jurisdiction to try it as a small cause suit and it was held that the Court must be regarded as having tried it as a Court of Small Causes. The case was not one under Section 35 and it does not support the wide proposition laid down by the learned Judge.
Madras High Court Cites 11 - Cited by 3 - Full Document

Sankati Pedda Chenniah vs Mahaboob Bee on 9 September, 1949

3. It is stated that this is really a small cause suit which was tried on the original side and this being so, the decree was reversed in appeal without any jurisdiction by the appellate Court. There is authority for this position in Kollipara Seethapathi v. Kankipati Subbayya, 33 Mad. 323: (1 I. C. 543), where it was held that in such a case the High Court was bound to set aside the appellate Court's order as having been passed without jurisdiction. In that case it was conceded by all the parties that the suit was a small cause suit. Here no one can explain to me why this was tried as an original suit and why no objection to such a trial was taken either in the trial Court or in the appellate Court. It is taken for the first time here. I do not propose to restore the District Munsif's decree solely on this technicality. I have therefore gone into the merits. There is a clear error of law in the learned District Judge's order in his insistence on a formal giving and taking of open lands as between the lessee and the tenant on the expiry of a lease.
Madras High Court Cites 1 - Cited by 0 - Full Document

Bindesri And Anr. vs Ganga Prasad on 26 November, 1919

That case follows a full bench decision of the Madras High Court--Kollipara Seetapathy v. Kankipati Subbayya (1909) I.L.R. 33 Mad. 323. The view taken in this latter case was that where a Small Cause suit is tried by a Munsif on the original side and his decision is reversed in appeal by the subordinate court the High Court is bound to set aside the decree in appeal as having been passed without jurisdiction.
Allahabad High Court Cites 6 - Cited by 0 - Full Document
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