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In Re: Bagiammal and anr.

Type Court Judgment Court Chennai Decided Feb 07, 1917
~1 min read
https://sooperkanoon.com/case/773440

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Citation
Court
Chennai
Decided On
Subject
Civil

Case Summary

AI-generated summary - not the official court judgment text.

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Key legal issue
Civil

Parties & Advocates

Appellant / Petitioner

In Re: Bagiammal and anr.

Legal References

Reported In
AIR1918Mad488; (1917)32MLJ258

Excerpt

- orderjohn wallis, kt., c.j.1. section 24 of the civil procedure code only authorises transfer to a court competent to try the case. the city civil court is not such a court section 3 of the city civil court act c.m.p. no. 334 of 1917 and i do not think section 24(4) of the code of civil procedure makes it so.2. it can only become so by the chief justice of the high court authorising the city civil judge to try the case in his capacity of small cause court judge under section 5(2) of the city civil court act.3. i so direct him.

Full Judgment

ORDER

John Wallis, Kt., C.J.

1. Section 24 of the Civil Procedure Code only authorises transfer to a Court competent to try the case. The City Civil Court is not such a court Section 3 of the City Civil Court Act C.M.P. No. 334 of 1917 and I do not think Section 24(4) of the Code of Civil Procedure makes it so.

2. It can only become so by the Chief Justice of the High Court authorising the City Civil Judge to try the case in his capacity of Small Cause Court Judge under Section 5(2) of the City Civil Court Act.

3. I so direct him.

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Same Parties In Re: Bagiammal and anr. vs Same Subject Civil
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