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Karupanna Pillai vs Ethumalai Pillai on 11 February, 1927 cites

Muppavaraju Venkata Radhakrishna Rao ... vs Venthurumilli Venkatarao And Ors. on 29 July, 1924

An authority for this position I need, only refer to Muppavaraju Venkata Radhakrishna Rao v. Venthurumilli Venkatarao and a recent case decided by Devadoss 84 Ind. Cas. 965 : 48 M. 713 : 47 M.L.J. 552 : 20 L.W. 711 : 35 M.L.T. 135 : (1924) M.W.N. 922 : A.I.R. 1925 Mad. 229 and Sundaram Chetty, JJ. A. A. Order No. 107 of 1925. I agree that the remand order must be deemed to have been passed in the exercise of the inherent jurisdiction possessed by the Court. Accordingly no appeal lies, against it under Order XLIII, Rule l,Clause (u).
Madras High Court Cites 7 - Cited by 5 - Full Document

Balla Mallayya vs Peddi Veerayya And Ors. on 27 September, 1926

He also alleges that his grandfather petitioned for its assignment on darkhast and obtained an assignment and gave it as a gift to his daughter. It seems to me that the amendment which has been allowed by the learned Subordinate Judge on appeal, namely, to try the question whether the defendant's grandfather, and, therefore, the defendant, acquired this land in a fiduciary capacity is one which may well be allowed. I cannot see that it alters the cause of action which was the plaintiff's right to have a declaration that both these pieces of land were temple property. We have in Balla Mallayya v. Peddi Veerayya 100 Ind. Cas. 135 : 52 M.L.J. 90 : 25 L.W. 198 : 38 M.L.T. 15 : A.I.R. 1927 Mad. 335 deprecated the method of obtaining reliefs denied on appeal in these remand cases by way of civil rivision petitions and really that is what the petitioner here is trying to do. I have more than once stated that what cannot be obtained by an appeal a party ought not to be able to obtain by a civil revision petition. To that view X still adhere. It seems to me that the learned Subordinate Judge has not exceeded the powers of amendment given by the Code. The revision petition, therefore, must also be dismissed.
Madras High Court Cites 7 - Cited by 13 - Full Document

Malayath Veetil Raman Nayar And Ors. vs Krishnan Nambudripad on 18 April, 1922

It appears to me that the position is clearly untenable even in view of the very wide definition which has been given to 'preliminary point' in Malayath Veetil Raman Nayar v. Krishnan Nambudripad 69 Ind. Cas. 828 : 45 M. 900 : 31 M.L.T. 208 : 16 L.W. 425 : 43 M.L.J. 354 : (1922) M.W.N. 589 : A.I.R. 1922 Mad. 505 (F.B.) Ind. Cas. 828 : 45 M. 900 : 31 M.L.T. 208 : 16 L.W. 425 : 43 M.L.J. 354 : (1922) M.W.N. 589 : A.I.R. 1922 Mad. 505 (F.B.). That definition requires that the trial Court should have left undecided one or more of the issues framed for trial, and an examination of the District Munsif's judgment in the present case shows that he decided all the issues that were at the time before him. It cannot even be said that the additional issues which the learned Subordinate Judge has thought it right to frame explicitly arose upon the pleadings. What happened was that the Subordinate Judge found that the plaintiff might have a claim, to Survey No. 585-B even on the case put forward by the defendant and accepted by the Appellate Court. In order to make the nature of that case clear he allowed the plaint to be amended and then drafted the two fresh issues which he has sent down. Even had he not so allowed the amendment of the plaint but had contented himself with framing the fresh issues; I am clear that the remand would not be on a preliminary point.
Madras High Court Cites 4 - Cited by 22 - Full Document
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