Search Results Page

Search Results

1 - 10 of 16 (0.20 seconds)
Akkammal vs Kullampattiyan Alias Velappa Naicken ... on 16 December, 1955 cites

Naduvil Edom Karnavan And Manager Kelu ... vs Cheriya Parvathi Nethiyar And Ors. on 30 January, 1923

6. A Full Bench of this Court in Kelu Achan v. Pawathi Nethiyar (1923) 45 M.L.J. 135 : I.L.R. 46 Mad. 631 (F.B.) has held that Section 11 of the suits Valuation Act when referring to an under-valuation or over-valuation prejudicially affecting the disposal of a suit or appeal on its merits, is not considering at all the different rules of procedure that there may be an appeal from one Court to another. The mere fact of under-valuation of a suit by the plaintiff involving a trial by a District Munsif instead of by a Sub-Judge's Court, cannot be deemed to be prejudice within the meaning of Section 11 of the Suits Valuation Act to the unsuccessful party on account of the party being restricted to a right of Second Appeal to the High Court on questions of law only, instead of a regular appeal on the question of fact also. The mere change of forum consenquent on the under-valuation cannot itself be treated as prejudicially affecting the disposal of the suit on the merits within the meaning of this section. The appellate Court further should record its reasons in writing that by reason of the under-valuation the disposal of the suit on the merits had been prejudicially affected.
Madras High Court Cites 5 - Cited by 20 - Full Document
1   2 Next