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Dr. S. Subramania Iyer vs The Secretary, The Karaikudi ... on 29 March, 1973 cites

N.K.R.M. Rajagopala Chettiar vs The Hindu Religious Endowments Board ... on 11 April, 1933

The decision in Rajagopala Chettiar v. The Hindu Religious Endowments Board, Madras, dealt with the question whether an order passed by the District Judge Under Section 84 (2) of the Hindu Religious Endowments Act, Act II of 1927, on an application made to the District Court to set aside the decision of the Hindu Religious Endowments Board passed Under Section 84 (1) of that Act was appealable to the High Court. The Full Bench held that the said decision was not appealable to the High Court. For coming to this conclusion, the Court relied on the definition of the term decree in Section 2, clause (2) of the Code of Civil Procedure, and pointed out that though the decision of the District Judge would fulfil all the other requirements of the definition of a decree as contained in Section 2, clause (2) of the Code of Civil Procedure, yet it would not be a decree because the order was not passed by the District Judge in a suit, but only in an application. It is this judgment of the Full Bench that was declared to be not authoritative by the later Full Bench which considered the question of the appeal-ability of an order passed by a Subordinate Judge appointed by the Provincial Government Under Section 3 (d) of the Land Acquisition Act of 1894 to decide a dispute referred by the Collector Under Section 30 of that Act. This Full Bench after an elaborate consideration of the question and after referring to the earlier Full Bench decision to which we have drawn attention held that the said order was appealable and the decision of the earlier Full Bench was not authoritative.
Madras High Court Cites 39 - Cited by 35 - Full Document
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