Kollipara Seetapaty vs Kantipati Subbayya on 5 March, 1909
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.