VENKATAPATHI NAIDU Vs. TIRUMALAI CHETTI
LAWS(PVC)-1901-3-21
PRIVY COUNCIL
Decided on March 18,1901

VENKATAPATHI NAIDU Appellant
VERSUS
TIRUMALAI CHETTI Respondents

JUDGEMENT

- (1.) The order appealed against is an order passed on appeal against an order passed under Section 493 of the Civil P. C.. According to Section 588 of the Coda any order passed on appeal against an order passed under Section 493 is final and no appeal lies. It is true that the order appealed against happens to be an order of remand and the same Section 588 shows that in the case of some such orders an appeal does lie. But, in our opinion, that makes no difference. The words used are clear and amount to this, that every order which is passed in an appeal presented under the provisions of Section 588 is final.
(2.) There are orders of remand which are not passed on such appeals, but in the present; case it is clear that the appeal to the District Court was an appeal given by Section 588.
(3.) The appeal must be dismissed with costs.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.