1933 JTR(Mad) 323
1934 AIR(Mad) 258 ; 1934 57 ILR(Mad) 297 ; 1934 39 LW 197 ; 1934 66 MLJ 247
IN THE HIGH COURT OF MADRAS
Srinivasa Ayyar alias Srinivasa Ayyangar
Versus
The Board of Commissioners for the Hindu Religious Endowments and Ors.
Decided On : 15.11.1933
The appealability of the District Judge's decision under Section 84(2) of the Madras Hindu Religious Endowments Act was not upheld.
Appeal - Madras Hindu Religious Endowments Act - Appealability of District Judge's decision under Section 84(2)
Fact of the Case:
The appeal was against an order refusing to set aside the dismissal of an application under Section 84(2) of the Madras Hindu Religious Endowments Act for default.
Finding of the Court:
The Civil Miscellaneous Appeal was held to be incompetent and dismissed with costs, as the District Judge's decision under Section 84(2) was not appealable.
Issues: The main issue was the appealability of the District Judge's decision under Section 84(2) of the Madras Hindu Religious Endowments Act.
Ratio Decidendi: The court relied on a recent Full Bench decision of the High Court, which held that the District Judge's decision under Section 84(2) was not appealable.
Final Decision: The Civil Miscellaneous Appeal was deemed incompetent and dismissed with costs.
Appeal - Madras Hindu Religious Endowments Act - Appealability of District Judge's decision under Section 84(2)
Fact of the Case:
The appeal was against an order refusing to set aside the dismissal of an application under Section 84(2) of the Madras Hindu Religious Endowments Act for default.
Finding of the Court:
The Civil Miscellaneous Appeal was held to be incompetent and dismissed with costs, as the District Judge's decision under Section 84(2) was not appealable.
Issues: The main issue was the appealability of the District Judge's decision under Section 84(2) of the Madras Hindu Religious Endowments Act.
Ratio Decidendi: The court relied on a recent Full Bench decision of the High Court, which held that the District Judge's decision under Section 84(2) was not appealable.
Final Decision: The Civil Miscellaneous Appeal was deemed incompetent and dismissed with costs.
JUDGMENT
1. A decision by the District Judge under Section 84(2) of the Madras Hindu Religious Endowments Act (II of 1927) has been held to be not appealable under a recent Full Bench decision of our High Court in Rajagopala Chettiar v. Hindu Religious Endowments Board, Madras (1933) 66 M.L.J. 43 . This is an appeal against an order refusing to set aside the dismissal of the application under the aforesaid Section 84 for default. According to Order 43, Rule 1, Clause (c), an appeal would lie against such an order, only in a case open to appeal.
2. We therefore hold that the Civil Miscellaneous Appeal is incompetent and dismiss it with costs. (Two sets.)