VANUKURI DANDA REDDI Vs. VAJRALA RAMIREDDI
HIGH COURT OF MADRAS
Vanukuri Danda Reddi
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Ramaswami, J. -
(1.) THE short point for determination in this civil revision petition is whether the order of the District Munsif of Guntur in I. A. No. 71 of 1950 in S. C. No. 1566 of 1929, an application under Section 19 of Madras Act 4 of 1938, is appealable under Section 25A of the said Act) as has been held by the learned Subordinate Judge of Guntur against the contentions of the learned advocate for the respondent in the lower Court that no appeal lay in such cases inasmuch as the scaling down was of a decree passed by the Small Cause Court and that any decree made by the Small Cause Court is only revisable by the High Court and cannot be appealed against to the Court having appellate jurisdiction ordinarily. The point is concluded by authority, see A. A. O. No. 222 of 1945 (Mad) (A), wherein Wadsworth J. held that against the orders of a Court of Small Cause's appeals are excluded by the provisions of Section 27, Provincial Small Cause Courts Act. There fore the order of the lower appellate Court is set aside and that of the learned District Munsif will stand confirmed. This civil revision petition is allowed with costs.;
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