A S NAGAPPA CHETTIAR Vs. ANNAPOORANI ACHI ALIAS KARUPPAYI ACHI

JUDGEMENT

(1.) Three questions arising out of the Madras Agriculturists Relief Act (IV of 1938) have been referred for decision by a Full Bench and this Bench has been constituted for the purpose. The questions read as follows: (1) When a statutory rule giving a right of appeal is promulgated after a final order has been passed, will an appeal lie under that rule against that? order? (2) Is Rule 8 of the rules framed under Madras Act IV of 1938 ultra vires? If so, (3) Is the decision in Pakkiri Muhammad Tharaganar V/s. U.T. Syed Sahib , right in holding that an order under Section 19 of the Madras Act IV of 1938 is not appealable as falling under Section 47 of the Civil Procedure Code?

(2.) It will be convenient to take the second question first, because if it is answered in the affirmative the first question will not call for an answer.

(3.) The Act itself,, does not directly provide for an appeal against an order passed in exercise of jurisdiction conferred by the Act, but the Provincial Government has assumed that Section 28, which confers upon it power to make rules under the Act, is sufficiently widely drawn to enable it to provide for appeals, Section 28 reads as follows: (1) The Provincial Government may make rules for carrying into effect the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, the Provincial Government may make rules: (a) in regard to any matter which is required to be prescribed by this Act; (b) prescribing the form of, and the fees to be paid in respect of, applications under this Act; and (c) for removing any difficulty in giving effect to the provisions of this Act. (3) All the rules made under this section shall be consistent with the provisions of this Act. They shall be published in the Official Gazette and upon such publication shall have effect as if enacted in this Act.