S. Venkatarama Ayyar vs Unnamalai Ammal And Anr. on 30 November, 1950
We therefore think that the decision in 'Venkatrama Aiyar v. Unnamalai Ammal', (1948-2 MLJ 404), does not lay down the law correctly & must be overd.
Search Results Page
Search Results
1 - 4 of 4 (0.27 seconds)Documents citing
S. Venkatrama Aiyar vs Unnamalai Ammal And Anr. on 30 July, 1948
Kota Kanakayya And Anr. vs Kamepalli Lakshmayya And Ors. on 13 December, 1949
I follow the previous decisions of thia Court cited above and I regretfully differ from the ruling of Mack J. in Venkatarama Aiyar v. Unamalai Ammal, 1948 2 M. L. J. 401 : (A. I. R. (36) 1949 Mad. 377).
Kathavelu vs Murugesan on 27 April, 2001
13. The next question that we have to address ourselves is whether the petitioner by appearing before the Trial Court after the order of the Appellate Court is barred from moving the civil revision petition. To support this position the learned counsel for the respondent relied on 5. Venkatrama Aiyar v. Unnamalai Animal, 1948 (2) MLJ 404. In that case , the District Judge had remanded the matter on 5.3.1946 for fresh disposal. Both parties participated
in the trial, and thereafter, the suit was dismissed on 3.7.1946. Then the plaintiff filed an appeal against the order of remand dated 5.3.1946. His appeal was filed in time. But yet this Court held that the appellant who had chosen to take his chance of a favourable decision after remand, cannot also agitate the validity of the order of remand, not having signified their non-acceptance of a fresh hearing. There this Court held that an appeal against remand order is not maintainable, after a decision had been obtained in the rehearing after remand.
Haridas And Anr. vs Banshidhar And Anr. on 9 October, 1961
20. Learned counsel has next referred to S. Venkatrama Aiyar v. Unamalai Animal, AIR 1949 Mad 377. In that case, it was held that
"an appeal against an order of remand cannot be filed after the date of the final decree consequent on remand, where the appellant has not signified his protest against the order of remand before the suit on its basis is tried and taken to a decision. The fact that the appellant has simultaneously with the appeal against the order of remand also filed an appeal against the judgment after remand itself, makes no difference.
1